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CIRCULAR 



FROM THE 



GENERAL LAND OFFICE, 



SHOWING 



THE MANNER OF PROCEEDING 



TO 



OBTAIN TITLE TO PUBLIC LANDS UNDER THE PRE-EMPTION, 
HOMESTEAD, AND OTHER LAWS. 



ISSUED JANUARY 1, 1869. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1889. 



CIRCULAR 



FROM THE 



GENERAL LAND OFFICE 



SHOWING 



THE MANNER OF PROCEEDING 



TO 



OBTAIN TITLE TO PUBLIC LANDS UNDER THE PRE-EMPTION. 
HOMESTEAD, AND OTHER LAWS, 



ISSUED JANUARY 1, 1889. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1889. 
14711 1 



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CIRCULAR 
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IN REFERENCE TO 

* THE MANNER OF ACQUIRING TITLE TO THE PUBLIC LANDS. 



Department of the Interior, 

General Land Office. 
Washington. D. (7., January 1, 1889. 

The public lands of the United States are included within the States 
of Alabama, Arkansas, California, Colorado, Florida, Illinois, Indiana, 
Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, 
Nebraska, Nevada, Ohio, Oregon, Wisconsin, the Territories of Ari- 
zona, Dakota, Idaho, Montana, New Mexico, Utah, Washington, and 
Wyoming, and the district of Alaska. In Ohio, Indiana, and Illinois 
a very few isolated tracts of public land remain. 

In these States and Territories, with the exception of the three last- 
mentioned, there are land districts with defined boundaries, in each of 
which a land office is established by law, where a register and a receiver 
are in attendance, for the sale or other disposal of the public lands em- 
braced therein. For appointments, term, compensation, and general 
duties of these registers and receivers, see sections 2234 to 2247 of the 
Revised Statutes of the United States. (Appendix No. 1.) 

A land office, with ex officio register and receiver, is also established 
for the district of Alaska, under the act of Congress of .May 17, 1884 
(Appendix No. 25), which provides for the disposal of the minerals there- 
in, but the general land laws have not been extended to Alaska, and 
the agricultural lands in that district are not subject to survey or dis- 
posal. 

Any proper information regarding vacant public lands may be ob- 
tained by application at any of these land offices, a list of which will be 
found on another page. 



ACQUISITION OF TITLE. 

Title to public lands may be acquired by purchase at public sale or 
by ordinary private entry, and by virtue of the pre-emption, homestead, 
timber-culture, and other laws. 

PURCHASE AT PURLIC SALE. 

Lauds may be purchased at public auction by the highest bidder when 
offered pursuant to proclamation of the President, or under public notice 
in accordance with directions from the General Land Office, (liev. 
Stat., 2353, 2357, 2358, 2359, 2360, 2455 ; Appendix No. 1.) 

3 



PRIVATE ENTRY OR LOCATION. 

Lands which, having been offered at pnblic sale, remain unsold, if not 
afterward reserved or withdrawn from market, are liable to private 
entry or location. (Rev. Stat., 2354, 2357 ; Appendix No. 1.) 

MINIMUM AND DOUBLE MINIMUM LANDS 

No land shall be sold, either at public or private sale, at less than 
$1.25 per acre, which is therefore called the "minimum price ;" and 
lands held for sale at that price are called "minimum lands." (Rev. 
Stat, 2357 ; Appendix, No. 1.) 

Double minimum lands are those of which the price is fixed by law 
at $2.50 per acre; and that price is called the double minimum price. 

Alternate reserved sections within the limits of railroad grants are 
double minimum in price (Rev. Stat, 2357), except such as were put 
in market at the enhanced price prior to January 1, 1861, and were sub- 
ject to entry June 15, 1880, all of which were reduced in price to $1.25 
per acre by the third section of the act of Congress of June 15, 1880 (21 
Stat, 237 ; Appendix No. 15), or where a different price is provided for 
in statutes for the disposal of lands under special conditions. Lands 
reduced in price under act of June 15, 1880, are not, however, subject to 
private entrv at the reduced price until again offered at public sale. 
(Eldred v. Sexton, 19 Wall., 189.) 

MODE OF PROCEEDING IN MAKING- CASH PURCHASES. 

A person desiring to purchase a portion of the public land for cash 
must present a written application to the register for the district in 
which the land described is situated, describing the tract and giving its 
area (see Form 4-001). If the tract is vacant and subject to the entry 
applied for, the register will so certify to the receiver, stating the price, 
and the applicant must pay to the latter the amount of the purchase- 
money. Thereupon the receiver will issue his receipt in duplicate to 
the purchaser for the money paid (Form 4-131). The register will then 
issue his certificate of purchase (Form 4-189). 

At the close of the month the register and receiver will make,returns 
of the sale to the General Land Office, from which, when the proceed- 
ings are found regular, a patent will be issued. 

CASH PURCHASE BY TIMBER TRESPASSERS. 

In addition to the foregoing in reference to purchase at public offer- 
ing and purchase or location at ordinary private entry, it is to be noted 
that the first section of the act of Congress of June 15, 1880 (21 Stat., 
_J37 ; Appendix No. 15), having reference to cases of timber trespasses 
upou the public lauds committed prior to March 1, 1879, has been held 
to extend to such trespassers the privilege of paying for the land upon 
which the offenses were so committed at the price per acre for which, 
under the law in force at date of payment, the lands could be sold. 
This privilege of purchase was held not to be confined to lands subject 
to private entry, but to extend to any lands, not mineral, subject to 
disposal under general existing laws. 

The provisions referred to apply only to tracts trespassed upon prior 
to March 1, 1879, and it is thought that few, if any, tracts remain un- 
disposed of to which they would be applicable. 



5 

This section can not be construed to permit a party who falls within 
the class of offenders Darned to enter the land if the valid claim of 
another person shall have attached prior to his application to purchase 
and be still subsisting. 

Where lauds are plainly subject to ordinary private entry, no special 
application to purchase, other than the usual application in cases of pri- 
vate entry, is required in order to enable the purchaser to avail him- 
self of the benefits of this act. When lands are not plainly subject to 
ordinary private entry, and application to purchase the same shall be 
made with a view to securing the immunity contemplated by said first 
section, the district officers will require the application to be presented 
under oath of the applicant, giving a full and detailed statement of all 
the facts upon which he bases his claim to purchase. Such sworn state- 
ment must be corroborated by the affidavits of credible witnesses, and 
the officers will thereupon forward all the papers in a special letter to 
this office, and await instructions before admitting an entry. Entries 
allowed will be included in the regular cash returns and accounts, the 
papers being issued as usual in cash entries, on which will be made a 
note referring to the statute and to the Commissioner's letter authoriz- 
ing the same. 

But it is now held that the fact of trespass does not, under said act, 
give the trespasser the right to purchase lands otherwise excluded from 
sale. (Woodstock Iron Company, 6 L. D., 738.) 

LIMITATIONS ON PURCHASES BY ALIENS AND CORPORATIONS. 

The act of March 3, 1887, " to restrict the ownership of real estate in 
the Territories to American citizens and so forth," (Appendix No. 24), pro- 
hibits acquisition, holding, or owning of real estate in any of the Terri- 
tories or the District of Columbia (except such as may be acquired by 
inheritance or in good faith in the ordinary course of justice in the col- 
lection of debts theretofore created) by any person not a citizen of the 
United States, or who has not lawfully declared his intention to be- 
come such, or by any corporation not created under the laws of the 
United States or some State or Territory thereof; except where some 
existing treaty secures such right to the citizens or subjects of foreign 
countries, and then only during the continuance of such treaty. 

No corporation or association in which more than 20 per cent, of the 
stock is owned by a person, corporation, or association not a citizen of 
the United States can acquire, hold, or own any real estate acquired in 
any of the Territories or the District of Columbia after the 3d day of 
March, 1887. 

No corporation except those organized foi? the construction or opera- 
tion of railways, canals, or turnpikes can acquire, hold, or own more than 
5,000 acres of land in any Territory ; and no railroad, canal, or turn- 
pike corporation can acquire, hold, or own lands in any Territory, other 
than necessary for the proper operation of its railway, canal, or turn- 
pike, except such as may have been granted by act of Congress. 

WARRANT LOCATIONS. 

Military bounty -land warrants may be located upon any vacant 
public lands of the United States that are subject to sale at private 
entry, and they may be used in payment of pre-emption claims, or in 
commutation of homestead entries, even when the same embrace un- 
offered lands. 



6 

A warrant issued to several parties, or assigned to three or more per- 
sons (Eev. Stat. ; sec. 2414, Appendix No. 1), can not be locatedif assigned 
by one of the owners to another, or to other persons, so as to invest 
any one of the parties with a greater interest than any other. In other 
words, each owner of a warrant, at the time of its location, must have 
an equal share or interest therein. 

A warrant may be located either at a district land office or through 
the agency of this office (Rev. Stat., sec. 2437; Appendix No. 1). If 
located at a district office, it must be accompanied by a tender of the 
fees to which the register and receiver are entitled, and by a written 
application to locate, containing a description of the tracts desired, and 
signed by the locator or his attorney in fact. If by the latter, his au- 
thority to act must be evidenced by a power of attorney, which must 
be prepared in accordance with the prescribed form and indorsed, if 
practicable, upon the warrant. 

If the location is made through this office, the warrant must be sent 
to the Commissioner with a request that the same be located in a speci- 
fied land district, and accompanied by a receipt from the register and 
receiver for the fees to which they may be severally entitled under sec- 
tion 2238, Revised Statutes. 

Each warrant is required to be distinctly and separately located upon 
a compact body of land; and if the area of the tract claimed should 
exceed the number of acres called for in the warrant, the locator must 
pay for the excess in cash ; but if it should fall short, he must take the 
tract in full satisfaction for his warrant. A person can not enter a body 
of land with a number of warrants without specifying the particular 
tract or tracts to which each shall be applied ; and for each warrant 
there must be a distinct location certificate and patent (sec. 2415, Rev. 
Stat.; Appendix No. 1). 

Where the desired tract is subject to entry at a greater minimum 
than $1.25 per acre, the locator, in addition to the surrendered warrant, 
must pay in cash the difference between the value of such warrant at 
$1.25 per acre and that of the said land, or present a warrant of such 
denomination as will, at its legal value of $1.25 per acre, cover the 
rated price of the tract, and pay the excess in value of the land, if any, 
in cash. For example: A tract of 40 acres of land held at $2.50 per 
acre may be entered by the location of a warrant calling for 40 acres 
and the payment of $50 in cash; or by locating thereon a warrant for 
80 acres, the 40 acres embraced in the entry being received in full satis- 
faction of the same ; or a tract containing 80 acres rated at $2.50 per 
acre may be entered by the location of two 80-acre warrants, or of one 
for 160 acres, and so on. It will be required, however, in the entry of a 
tract held at a greater minimum than $1.25 per acre, by the location of 
two or more warrants, that each warrant shall be located upon a specific 
legal subdivision thereof which legal subdivision shall be received in 
full satisfaction of the warrant surrendered therefor; and that the ex- 
cess in value of the lands, if any there be, shall in each case be paid in 
cash. Hence, a tract containing 40 acres or less of double minimum 
lands can not be entered by the location of two 40 acre ivarrants. 

A pre-emptor of lands held at $1.25 per acre may enter the tract em- 
braced in his claim by the location of one, two,, or more warrants ; but 
each warrant must be applied to a specific subdivision thereof; that is, 
a warrant for 40 acres must be located upon a described subdivision 
containing as nearly as possible 40 acres of land ; a warrant for 80 
acres upon a tract embracing 80 acres, and so on. Where the pre- 
emption claim is composed of lauds subject to entry at a greater mini- 



mum than $1.25 per acre, the rules set forth iu the preceding section 
will apply. (Sec. 2277, Rev. Stat.;. Appendix No. 1.) 

When a subdivision is iractiouai, a warrant approximating nearest 
the number of acres embraced therein may be located thereon, but the 
fractional excess in area must be- paid for with cash, and will be conveyed 
in the same patent with the lands covered by the location of the warrant; 
a legal subdivision, however, other than those entered by the location 
of the warrant, will not be regarded as a legitimate fractional excess 
over such location, but will be required to constitute a separate entry. 
Thus, a person will not be permitted to make one entry of a quarter 
section of laud by the location of a warrant for 120 acres and a cash 
payment for the remaining subdivision. 

Registers and receivers of the local land offices are entitled to the 
following fees for their services in locating warrants, and the several 
amounts mentioned must be paid at the time of location: 

For a 40-acre warrant, $0.50 each to the register and receiver; total, $1.00. 
For a 60-acre warrant, .75 do. do. do. do. 1.50. 

For an 80- acre warrant, 1.00 do. do. do. do. 2.00. 

For a 120-acre warrant, 1.50 do. do. do. do. 3.00. 

For a 160-acre warrant, 2.00 do. do. do. do. 4.00. 

(Bounty warrants were not issued to soldiers and sailors for military 
services in the late civil war. The only privileges granted them in con- 
nection with the public lands will be found set forth hereafter, under 
the head "Homestead." The bounties for military services in the last 
war were not given in land, but in money.) 

AGRICULTURAL COLLEGE SCRIP LOCATIONS. 

Agricultural college scrip issued under act of July 2, 1862 (12 Stat., 
503), and March 3, 1883 (22 Stat., 484), maybe used- 
First. In the location of land at '''private entry ; v but when so used 
is applicable only to lands not mineral which may be subject to private 
entry, at $1.25 per acre, and is restricted to a technical " quarter-sec- 
tion," — that is, land embraced by the quarter-section lines indicated on 
the official plats of survey; or it inay be located on a part of a "quar- 
ter section," where such part is taken as in full for a quarter ; but it can 
not be applied to different subdivisions to make an area equivalent to a 
quarter-section. (Sec. 2, act July 2, 18G2, 12 Stats., 503.) The man- 
ner of proceeding to acquire title with this class of paper is the same 
as iu cash and warrant cases, the fees to be paid being the same as on 
warrants. The location of this scrip at private entry is restricted to 
three sections in each township of land, and 1,000,000 acres in any one 
State. (15 Stats., 227.) 

Second. In payment of pre-emption claims and in commutation of 
homestead entries (Sec. 2278, Kev. Stat., Appendix No. 1). When so 
used it can be located on minimum or double minimum lands, and there 
is no limitation of the quantity that may be located in a township or 
State. When located in payment of pre-emption claims and in com- 
mutation of homestead entries on double minimum lands, the excess 
price must be paid or a double quantity of, the scrip surrendered (Sees. 
2277, 2278, Kev. Stat., Appendix No. 1). 

When the land located is rated at $1.25 per acre, and the area does 
not exceed the area specified in the scrip, it must be taken in full satis- 
faction thereof. (Sees. 2277, 2278, Rev. Stat., Appendix No. 1.) 



8 

PRIVATE LAND SCRIP LOCATIONS. 

Scrip issued in satisfaction of private land claims under decrees of 
the United States Supreme Court, pursuant to acts of Congress of June 
22, 1860 (12 Stat., 85), March 2, 1867 (14 Stat., 544), and June 10 1872 
(17 Stat., 378), and scrip issued under the act of June 2, i858 (11 Stat., 
294), may be located on lands subject to sale at private entry, or in 
payment of pre-emption claims and in commutation of homestead claims, 
in the same manner as military bounty land warrants. 



PRE-EMPTIONS. 

Pre-emption is the exercise of a right by a person possessing the 
qualifications required by statute who has made settlement in person 
on public land subject to pre-emption not exceeding 160 acres, inhab- 
ited and improved it, and erected a dwelling thereon, to obtain title in 
preference to any other, by entry and purchase at the price at which 
the land is held. 

CLASS OF LANDS SUBJECT TO PRE-EMPTION. 

Public lands of the United States to which the Indian title has been 
extinguished, and which are not included in any reservation by any 
treaty, law, or proclamation of the President, for any purpose, which 
are not included within the limits of any incorporated town, or selected 
as the site of a city or town ; which are not actually settled upon nor 
occupied for purposes of trade and business and not agriculture, and on 
which there are not situated any known mines or salines, are subject 
to pre-emption. (Sec. 2258, Kev. Stat., Appendix No. 1.) 

QUALIFICATIONS OF PRE-EMPTORS. 

A pre-emptor must be the head of a family or single person over the 
age of twenty-one years and a citizen of the United States, or one who 
has declared his intention to become a citizen, as provided by the nat- 
uralization laws. 

No person can acquire any right of pre-emption who is the proprietor 
of 320 acres of land in any State or Territory, nor who quits or aban- 
dons his residence on his own land to reside on the public land in the 
same State or Territory. 

PROCEEDINGS TO ACQUIRE TITLE TO LAND BY PRE-EMPTION. 

A party desiring to pre-empt a tract of land should carefully and in 
person examine the land, be certain of its true description according to 
the public surveys, and satisfy himself as to its character and desira- 
bility for purposes of residence and cultivation, and that there is no 
other valid claim lo it. He is bound to personally know the land he 
claims, aud any mistakes that might have been avoided with proper 
diligence are at his own risk. 

Having selected the land he proposes to claim, he should move upon 
it and make an actual settlement thereon in person. He must go in 
person upon the land and perform substantial acts as a bona fide actual 
settler thereon before he can acquire any right as a pre-emptor. 

When he has done this he may file his declaratory statement in the 
district land office. This may be done in person or through the mails, 



9 

but he can not file a declaratory statement before he has actually set- 
tled upon the land. Illegal filings resulting from the willful fault or 
gross negligence of the pre-emptor exhaust the pre-emption right. 

A filing without actual settlement is illegal, and no rights are acquired 
thereby, although a subsequent bona fide settlement may be recognized, 
if made before the intervention of a valid adverse claim, and duly fol- 
lowed up by the proper inhabitancy and improvement. 

If the land is "offered," his declaratory statement must be filed 
within thirty days after he becomes a settler on the land. (Form No. 
4—534.) 

If the land is surveyed and "unoffered," he has three months after 
becoming a settler on the land within which to make his filing. (Form 
No. 4—535.) 

Settlers on unsurveyed land have three months after the plat of town- 
ship survey is filed in the district land office within which to put their 
claims on record. 

Failure to file a declaratory statement within the time prescribed 
makes the land liable to the claim of an adverse settler who does file 
notice of his intention at the proper time, and otherwise complies with 
the conditions of the law. (Sec. 2265, Eev. Stats., Appendix No. 1.) 

The declaratory statement must describe the land settled upon, state 
the date of settlement, and declare the intention of the party to claim 
the Vame under the pre-emption laws. The declaratory statement must 
be in writing or printed according to the prescribed form, and be wit- 
nessed by not Jess than two persons who live in the neighborhood of the 
land. The place of residence of claimant's witnesses and the post-of- 
fice address of claimant must be stated in the declaration. 

The existence of a pre-emption filing on a tract of land does not pre- 
vent another filing for the same land, subject to any valid rights ac- 
quired by virtue of any former, settlement and filing. 

The laud office fee for filing a declaratory statement is $2, except in 
the Pacific States and Territories, where the fee is $3. 

SECOND PRE-EMPTION FILINGS. 

The second filing of a declaratory statement by any pre-emptor who 
was qualified at the date of his first filing is illegal. (Sec. 2261, Eev. 
Stats., Appendix No. 1 ; Baldwin v. Stark, 107 U. S., 463 ; also Sec- 
retary's decision of February 27, 1884, case of Raymond, 10 Copp, 395.) 
Where the first filing, however, was illegal from any cause not the will- 
ful act of the party, he has the right to make a second and legal filing. 
(Goist vs. BottumJ 5 L. D., 643.) 

» 

RELINQUISHMENT OF PRE-EMPTION FILINGS. 

Pre-emption filings may be relinquished by the claimants in writing, 
filed with the register and receiver of the proper district land office, or 
the relinquishment maybe executed by the claimant on the back of the 
declaratory statement receipt. Notice of such relinquishment should be 
promptly forwarded by the register to the Commissioner of the General 
Land Office for his information. 

PROOF AND PAYMENT. 

On offered lands proof and payment must be made within twelve 
months from date of settlement. 



10 

If the land is unoffered, proof and payment may be made within thirty- 
three months from date of settlement, or in case of unsurveyed lands 
from date of filing plat of survey in the district office. 

The pre-emption laws are intended for the benefit of persons making 
settlement upon the public lands, followed by residence and improve- 
ment and the erection of a dwelling thereon. Eesidence must be both 
continuous and personal. (Bohall v. Dilla, 114 TJ. S. Supreme Court 
Reports, 47, 51.) 

"It was necessary for the pre-emptor to prove that he occupied the 
premises continuously after filing his declaratory statement." (Ibid.) 

The Department requires, in evidence of the genuineness of settle- 
ment, that six months of actual residence shall be passed before proof 
and payment, and then proof of compliance with law in all respects 
must be sufficient and satisfactory. A party offering proof in the short- 
est time can not be excused on that account for any non-compliance 
with the requirements of residence and agricultural improvement, since 
he is not obliged to make proof and payment at the earliest period the 
law allows, but has sufficient time within which to fully comply with 
the law. 

A failure to make proof and payment as prescribed by law renders 
the land subject to appropriation by the first legal applicant, but in the 
absence of an adverse claim proof and payment can be made after the 
expiration of the twelve or thirty- three months allowed. 

Failure to inhabit and improve the land in good faith, as required by 
law, renders the claim subject to contest and the entry to investigation 
and cancellation. 

Final proof in pre-emption cases must be made to the satisfaction of 
the register and receiver, whose decision, as in other cases, is subject to 
examination and review by this office and Department. 

When two or more settlers on unsurveyed land are found upon sur- 
vey to be residing upon or to have valuable improvements upon the 
same smallest legal subdivision, they may make joint entry of such tract, 
and separate entries of the residue of their claims. This joint entry 
may be made in pursuance of contract between the parties, or without 
it. (Rev. Stat., sec. 2274; Appendix No. 1.) 

Publication of notice to make proof is required in the same manner 
as in homestead and other cases. (See "Homesteads," " Final Proof") 

In making final proof the pre-emptor must appear in person with his 
witnesses at the district office, or before the clerk of the county court, or 
of a court of record of the county and State or district and Territory 
in which the land is situated, and make the affidavit and proof pre- 
scribed. (Rev. Stat., sec. 2262, Appendix No. 1 ; act June 9, 1880, 21 
Stat., 169, Appendix No. 4.) 

The pre-emptor is required to make oath that he has not previously 
exercised his pre-emption right; that he is not the owner of 320 acres 
of land ; that he has not settled upon and improved the land to sell the 
same on speculation, but in good faith to appropriate it to his own ex- 
clusive use ; that he has not made any contract or agreement, directly 
or indirectly, in any way or manner, with any person whomsoever, by 
which the title he may acquire from the United States shall inure in 
whole or in part to the benefit of any person except himself. (See form 
4—061.) 

Any person swearing falsely forfeits all right to the land and to the 
purchase money paid, besides being liable to prosecution under the crim- 
inal laws of the United States. 

Final proof, in addition to Uie affidavit of claimant, must consist of 



11 

the testimony of the claimant, corroborated by that of at least two wit- 
nesses, taken separately, to the facts constituting his qualifications, and 
his compliance with law as to settlement, inhabitancy, improvement, 
non-alienation, etc. (Rev. Stat., sec. 2263, Appendix No. 1; Forms 4 — 
369 a, 4— 3696.) 

The exact date of beginning and of ending of each and of every ab- 
sence from the land should be particularly stated, and the reasons 
therefor fully given, so as to enable the Department to determine as to 
the sufficiency of the explanation. 

The affidavit of claimant, his testimony, and the testimonj" of his wit- 
nesses, and the non-mineral affidavit (where required) must be made at 
the same time and place, and before the same officer. 

No other officer than the register or receiver, or the clerk of a court 
of record of the county in which the land is situated, can take proofs in 
pre-emption cases, except that when the land is in an unorganized 
county the proofs may be made before the clerk of a court of record in 
an adjacent county in the same State or Territory. 

GRASSHOPPERS. 

Preemption settlers may avail themselves of the provisions of the law 
authorizing temporary absence and extending the time for making proof 
and payment in regions that have suffered from the depredations of 
grasshoppers. (Act July 1, 1879, 21 Stat., 48; Appendix No. 9. See 
"Sufferers from Grasshoppers." 

ASSIGNEE OF A PRE-EMPTOR BEFORE PATENT. 

An assignee of a pre-emptor before patent has no claim upon the 
United States for the land nor for the money paid, in event of the failure 
of the claim and cancellation of the entry for fraud or false swearing 
by entryman. (Sec. 2262, Be v. Stat.; Appendix No. 1; M. F. Soto, 6 
L. D. ? 383). 

HEIRS OF A DECEASED PRE EMPTOR. 

Should a pre-emptor die without establishing his claim within the 
period limited by law, the title may be perfected by the executor, ad- 
ministrator, or one of the heirs, by making the requisite proof of set- 
tlement and paying for the land, the entry to be made in the name of 
"the heirs" of the deceased settler, and the patent will be issued ac- 
cordingly. The legal representatives of the deceased pre-emptor are 
entitled to make the entry at any time within the period during which 
the pre-emptor would have been entitled to do so had he lived. (Rev. 
Stat., Sec. 2269 ; Appendix No. 1.) 

* 

PRE-EMPTION CLAIMANTS WHO BECOME INSANE. 

The rights of a pre-emption claimant who has become insane may, 
under act of June 8, 1880, be proved up and his claim perfected by 
any person duly authorized to act for him during his disability. (21 
Stat., 166; Appendix No. 8.) 

Such claim must have been initiated in full compliance with law, by 
a person who was a citizen or had declared his intention of becoming a 
citizen, and was in other respects duly qualified. 



12 

The party for whose benefit the act shall be invoked must have become 
insane subsequently to the initiation of his claim. 

Claimant must have complied with the law up to the time of becom- 
ing insane ; and proof of compliance will be required to cover only the 
period prior to such insanity ; but the act will not be construed to cure 
a failure to comply with the law when the failure occurred prior to such 
insanity. 

The final proof must be made by a party whose authority to act for 
the insane person during his disability shall be duly certified under 
seal of the proper probate court. 

PKICE OF LAND TO PRE-EMPTORS. 

The price of land to a pre-emptor upon " minimum " lands — i. e., lands 
not within the limits of a grant to a railroad or some other work of in- 
ternal improvement — is $1.25 per acre. Within the limits of such grant 
the price is $2.50 per acre ; but settlers, prior to withdrawal, are allowed 
to enter at $1.25 per acre, provided they shall file notice of their claims 
and make proof and payment as in other cases. (Rev. Stat., sees. 2257, 
2259, 2279, 2281, 2357 ; Appendix No. 1.) 

OSAGE INDIAN TRUST AND DIMINISHED RESERVE LANDS. 

The Osage Indian trust and diminished reserve lands are subject to 
sale to parties having the qualifications of pre emptors on the public 
lauds. 

Claimants are required to file a declaratory statement within three 
months from date of settlement, and to make proof and payment within 
six months from date of filing. 

This proof must be made after notice by publication, before the offi- 
cers authorized to take proof in pre-emption cases, and must show that 
the claimant is a qualified pre-emptor and an actual settler on the land 
at the date of application to enter. Six months' continuous residence 
next preceding date of proof is not an essential requirement, but it is 
essential that the settlement be shown to be actual and bona fide. 

Payment lor tbese lands must be made in cash at the rate of $1.25 
per acre, and may be made by installments, one-fourth the purchase 
price when proof is made, the remainder in three equal annual install- 
ments with interest on the deferred payments at the rate of 5 per cent, 
per annum. 

Section 3 of the act of May 28, 1880 (see Appendix No. 27) provides 
that when defaultiu payment of any installment of the purchase money, 
when it becomes due, continues, the land may be offered at public sale, 
after advertisement, unless before the date fixed for the offering pay- 
ment of the whole purchase price is completed. 

After payment of the first installment of purchase money has been 
made, the lands are subject to taxation according to the laws of the 
State of Kansas. 

Payment of the remaining installments must be made by the entry- 
man or in his behalf, and patents can be issued to entrymen only. 

By filing Osage declaratory statements in accordance with the act of 
May 28, 1880, the right of pre-emption to such or any other lands is 
exhausted if the filings are valid and capable of being perfected into 
complete title. 



13 



HOMESTEADS. 

• 

The homestead laws secure to qualified persons the right to settle 
upon, enter, and acquire title to not exceeding one quarter section or 
160 acres of public land, by establishing and maintaining residence 
thereon, and improving and cultivating the land for the continuous pe 
riod of live years. 

A homestead entryman must be the head of a family, or a person who 
has arrived at the age of twenty-one years, and a citizen of the United 
States, or one who has filed his declaration of intention to become such, 
as required by the naturalizafion laws. 

Lands subject to homestead entry are such as, under existing laws, 
are subject to preemption. 

When a person desires to enter a tract of land upon which he has 
not established a residence and made improvements, he must appear per- 
sonally at the district land office and present his application (Form No. 
£ — 007), and must make the required affidavits before the register or 
receiver. 

The homestead affidavit can be made before the clerk of the county 
court only in cases where the family of the applicant, or some member 
thereof, is actually residing on the land which he desires to enter, and 
on which he has made bona fide improvement and settlement, and when 
he is prevented by reason of distance, bodily infirmity, or other good 
cause, from personal attendance at the district land office. (Rev. Stat., 
2294; Appendix No. 1.) 

Iu such cases the applicant must state in the affidavit (Form No. 4— 
089) the facts of settlement, improvement, and residence; what acts of 
settlement have been performed, and when made ; the nature, extent, 
and value of the improvements; what member or members of his family 
are residing on the land, the length of time such residence has been 
maintained, and the cause, specifically, why the applicant can not ap- 
pear at the local office. 

A person in active service in the Army or Navy of the United States, 
whose family or some member thereof is residing on the land which he 
wishes to enter, and upon which a bona fide settlement and improve- 
ment has been made by them, may make the affidavit required by law 
before the officer commanding in the branch of service in which the ap- 
plicant is engaged. (Eev. Stat., 2293 ; Appendix No. 1.) 

A false oath taken before a clerk of a court under section 2294, Re- 
vised Statutes, or the proper officer, under 2293, is perjury, the same as 
if taken before the register or receiver. 

The period of actual inhabitancy, improvement, and cultivation re- 
quired under the homestead law is five years. 

Where a wife has been divorced from her husband or deserted, so 
that she is dependent upon her own resources for support, she can make 
homestead entry as the head of a family or as afemme sole. 

A single woman who makes a homestead entry and marries before 
making proof does not by her marriage forfeit her right to make proof 
and receive patent for the land, provided she does not abandon her 
residence on the land to reside elsewhere. A residence elsewhere than 
on the land entered for more than six months at any one time is to be 
treated as an abandonment of the homestead entry, under section 2297, 
Revised Statutes. (Appendix No. 1.) 



14 

APPLICATION FOR A HOMESTEAD. 

To obtain a homestead the party should select and personally examine 
the land and be satisfied of its character and true description. 

He must file an application, stating his name, residence, and post 
office address, and describing the land he desires to enter (Form 4 — 007), 
and make affidavit (Form 4 — 063) ; that he is over the age of twenty-one 
years or the head of a family; that he is a native-born (or naturalized) 
citizen of the United States, or has declared his intention to become a 
citizen, as required by the naturalization laws (or has performed serv- 
ice in the Army or Navy of the United States) ; and that the entry is 
made for his exclusive use and benefit, |ind for actual settlement and 
cultivation, and not either directly or indirectly for the use or benefit 
of any other person, and that he has not theretofore made an entry 
under the homestead laws, and must pay the legal fee and that part of 
the commissions which is payable when entry is made. 

On compliance by the party with the foregoing requirements, the re- 
ceiver will issue his receipt for the fee and that part of the commissions 
paid (Form 4 — 137), a duplicate of which he will deliver to the part>. 
The matter will then be entered on the records of the district office and 
reported to the General Land Office. 

HOMESTEAD SETTLERS ON UNSURVEYED LANDS. 

A homestead settler on unsurveyed public land not yet open to entry 
must make entry within three months after the filing of the township 
plat of survey in the district land office. (Act May 14, 1880; 21 Stat., 
140; Appendix No. 7.) 

SIMULTANEOUS APPLICATIONS. 

In cases of simultaneous applications to enter the same tract of land 
under the homestead laws, the rule is as follows : 

First. Where neither party has improvements on the land the right 
of entry should be awarded to the highest bidder. 

Second. Where one has actual settlement and improvement and the 
other has not, it should be awarded to the actual settler. 

Third. Where both allege- settlement and improvements, an investi- 
gation must be had and the right of entry awarded to the one who 
shows prior actual settlement and substantial improvements so as to 
be notice on the ground to any competitor. (Report of General Land 
Office for 1866, p. 19; also case of Helfrich v. King, 3 Oopp, L. O., p. 
164.) 

RESIDENCE OF APPLICANT MUST BE STATED. 

The applicant must in every case state in his application his place of 
actual residence and his post-office address, in order that notices of pro- 
ceedings relative to his entry may be sent him. 

INCEPTIVE RIGHTS OF HOMESTEAD SETTLERS. 

An inceptive right is vested in the settler by the proceedings herein- 
before described. He must, within six months after making his entry, 
establish his actual residence, in a house, upon the land, and must re- 
side upon and cultivate the land continuously, in accordance with law, 
for the term of five years. 



15 

Occasional visits to the land once in six months or oftener is not res- 
idence. The homestead party must actually inhabit the land and make 
it the home of himself and family, as well as improve and cultivate it. 

At the expiration of five years, or within two years thereafter, he may 
make proof of his compliance with law by residence, improvement, and 
cultivation for the full period required, and must show that the land has 
not been alienated except as provided in section 22S8, Eevised Statutes. 
(Sec. 2291, Kev. Stat.; Appendix No. 1.) 

The period of continuous residence and cultivation begins to run at 
the date of actual settlement, in case the entry at the district land office 
is made within the prescribed period (three months) thereafter or be- 
fore the intervention of a valid adverse claim. If the settlement is on 
unsurveyed land the latter period runs from the filing of plat in the 
district land office. (Act May 14, 1880; 21 Stat., 140; Appendix No. 7.) 

CULTIVATION IN GRAZING DISTRICTS. 

In grazing districts, stock-raising and dairy production are so nearly 
akin to agricultural pursuits as to justify the issue of patent upon proof 
of permanent settlement and the use of the land for such purposes. 

FINAL PROOF. 

A settler desiring to make final proof must file with the register of 
the proper land office b written notice, in the prescribed form, of his in- 
tention to do so, which notice will be published by the register in a 
newspaper to be by him designated as nearest the land, once a week for 
six weeks, at the applicant's expense. 

Applicants should commence to make their proofs in sufficient time, 
so that the same may be completed and filed in the local office within 
the statutory period of seven years from date of entry. 

The final affidavits and proof may be made before the register or re- 
ceiver, before the judge, or, in his absence, before the clerk of a court 
of record in the county and State, district, or Territory in which the 
land is situated. If in an unorganized county, the proof may be made 
in a similar manner in any adjacent county in the same State or Terri 
tory. 

When proof under section 2291, Eevised Statutes, is made before the 
county officers mentioned, the same must be transmitted by the judge 
or clerk of the court to the register and receiver, together with the same 
fees and commissions that the land officers would have been entitled to 
receive if the proof had been made before them and the testimony re- 
duced to writing by them. In case of the absence of the judge, the fact 
of such absence must be certified in the papers by the clerk acting in 
his place. 

Proofs can only be made by the homestead claimant in person, and 
can not be made by an agent, attorney, assignee, or other person, ex- 
cept that in case of the death of the entryman proof can be made by 
the statutory successor to the homestead right, in the manner provided 
by law. 

HEIRS OF A HOMESTEAD SETTLER. 

Where a homestead settler dies before the consummation of his claim, 
the widow r , or, in case of her death, the heirs may continue settlement 
or cultivation, and obtain title upon requisite proof at the proper time. 



16 

If the widow proves up, title passes to her ; if she dies before proving 
up and the heirs make the proof, the title will vest in them. (Sec. 
2291, Eev. Stat, j Appendix No. 1.) 

Where both parents die, leaving infant children, the homestead may 
be sold for cash for the benefit of such children, and the purchaser will 
receive title from the United States, or residence and cultivation may 
continue for the prescribed period, when the patent will issue to the 
children. (Sec. 2292, Eev. Stat.; Appendix No. 1.) 

A homestead right can not be devised away from a widow or minor 
children. 

In case of the death of a person after having entered a homestead, 
the failure of the widow, children, or devisee of the deceased to take up 
residence on the land within six mouths after the entry, or otherwise 
to fulfill the demands of the letter of the law as to residence, will not 
necessarily subject the entry to forfeiture on the ground of abandon- 
ment. If the land is cultivated in good faith the law will be considered 
as having been substantially complied with. (Tauer v. The Heirs of 
Walter A. Mann, 4 L. 1)., 433.) 

HOMESTEAD CLAIMANTS WHO BECOME INSANE. 

The rights of a homestead claimant who has become insane may be 
proved and his claim perfected, in the same manner and under the 
same restrictions as in the case of a pre-emption claimant who becomes 
insane. (Act June 8, 1880, 21 Stat, 166; Appendix No. 8.) 

CONVERSION OF PRE-EMPTION INTO HOMESTEAD CLAIMS. 

A person who has made settlement on a tract and filed his pre-emp- 
tion declaration therefor, may change his filing into a homestead if he 
continues in good faith to comply with the pre-emption laws until the 
change is effected ; and the time during which he has resided upon and 
claimed the land as a pre-emptor will be credited upon the period of 
residence and cultivation required under the homestead laws. (Act 
June 14, 1878, 20 Stat., 113; Appendix No. 6.) In his first homestead 
affidavit he must set forth the fact of a previous pre-emption filing, the 
time of actual residence thereunder, and the intention to claim the ben- 
efit of such time, as provided for in the act. In making final proof on 
his homestead entry he is required, in addition to the usual affidavit 
and proof, to make the prescribed "pre-emption homestead affidavit" 
(Form 4-071). 

GRASSHOPPERS. 

Homestead claimants, equally with pre-emptors, may avail themselves 
of the provisions of law authorizing temporary absence iu regions that 
have suffered from the devastation of grasshoppers (Act July 1, 1870, 
21 Stat., 48; Appendix No. 0); but, where a homestead claimant is ab- 
sent under the provisions of this act, the time of making final proof is 
not thereby extended (the provision in respect to extension of time being 
limited in its application to pre-emptors). See " Sufferers from Grass- 
Jwppers." 

CLIMATIC HINDRANCES. 

The proviso annexed to section 2207, Revised Statutes, by amenda- 
tory act of March 3, 1881 (21 Stat., 511 ; Appendix No. 10), which applies 



17 

only to homestead settlers, provides that in case such settler has been 
prevented by climatic reasons from establishing actual residence upon 
his homestead within six months from date of entry, the Commissioner 
of the General Land Office may, in his discretion, allow him twelve 
months from that date in which to commence his residence. 

In such case the settler must, on final proof, file with the register and 
receiver his affidavit, duly corroborated by two credible witnesses, 
setting forth in detail the storms, floods, blockades by snow or ice, or 
other hindrances dependent upon climatic causes which rendered it im- 
possible for him to commence residence within six months. A claim- 
ant can not be allowed twelve months from entry wheu it can be shown 
that he might have established his residence on the land at an earlier 
day ; and a failure to exercise proper diligence in so doing as soon as 
possible after the climatic hindrances disappear will imperil his entry 
in case of a contest. 

HOMESTEAD CLAIMS NOT LIABLE FOR DEBT AND ISOT SALABLE. 

No lands acquired under the provisions of the homestead laws are 
liable for the satisfaction of any debt contracted prior to the issue of 
patent. (Sec. 2296, Kev. Stat.; Appendix No. 1.) 

The sale of a homestead claim by the settler to another party before 
completion of title vests no title or equities in the purchaser as against 
the United States. In making final proof, the settler is by law required 
to swear that no part of the land has been alienated except for church, 
cemeterv, or school purposes, or the right of way of railroad. (Sec. 
2288, Eev. Stat.; Appendix No. 'l.) 

ONLY ONE HOMESTEAD PRIVILEGE TO THE SAME PERSON PERMITTED. 

As the law allows but one homestead privilege, a settler relinquish 
iug or abandoning his claim can not thereafter make a second entry 
although where the entry is canceled as invalid for some reason other 
than abandonment, and not the willful act of the party, he is not 
thereby debarred from entering again, if in other respects entitled, and 
may have the fee and commissions paid on the canceled entry refunded 
on proper application under the act of June 16, 1880. (Appendix No. 21 ; 
Hannah M. Brown, 4 L. D., 9; Goist v. Bottum, 5 L. L>., 643; Jasper 
N. Shepherd, 6 L. D., 362.) 

Where a party makes a selection of land for a homestead, he must 
abide by his choice. If he has neglected to examine the character of 
the land prior to entry and it proves to be infertile or otherwise unsat- 
isfactory, he must suffer the consequences of his own neglect. 

In some cases, however, where obstacles which could not have been 
foreseen, and which render it impracticable to cultivate the land, are 
discovered subsequently to entry (such as the impossibility of obtaining 
water by digging wells or otherwise), or where, subsequently to entry, 
and through no fault of the homesteader, the land becomes useless for 
agricultural purposes (as where by the deposit of " tailings" in the chan- 
nel of a stream a dam is formed, causing the waters to overflow), the 
entry may, in the discretion of the Commissioner of the General Land 
Office, be canceled and a second entry allowed ; but, in the event of a 
new entry, the party will be requried to show the same compliance with 
law in connection therewith as though he had not made a previous en- 
try, and must pay the proper fees and commisssions upon the same. 
14711 2 • 



18 

HOMESTEAD FEES AND COMMISSIONS. 

The land office fees and commissions, payable when application is made, 
are as follows: 

In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, 
Michigan, Minnesota, Missouri, and Nebraska (Rev. Stat., 2238, Ap- 
pendix No. 1) — 



For 160 acres 
For 80 acres 
For 40 acres . 



Land at 

$2.50 per 

acre. 



$18. CO 
9.00 
7.00 



Land at 

$1.25 per 

acre. 



$14.00 
7. CO 
6.00 



In Arizona, California, Colorado, Idaho, Montana, Nevada, New 
Mexico, Oregon, Utah, Washington, and Wyoming (Rev. Stat., 2238, 
par. 12, Appendix No. 1) — 



For 160 acres 
For 80 acres 
For 40 acres 




Land at 

$1.25 per 

acre. 



$16. 00 
8.00 
6.50 



The land office commissions, payable at the time of making final proof, 
are as follows : 

In Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, 
Michigan, Minnesota, Mississippi, Missouri, and Nebraska (Rev. Stat. 
2238, Appendix No. 1)— 



For 360 acres 
For 80 acres . 
For 40 acres. 




Land at 

$1.25 per 

acre. 



$4. 00 
2.00 
1.00 



In Arizona, California, Colorado, Idaho, Montana, Nevada, New 
Mexico, Oregon, Utah, Washington, and Wyoming (Rev. Stat., 2238, 
par. 12, Appendix No. 1) — 



For 160 acres 
For 80 acres . 
For 40 acres 



Land at 

$2.50 per 

•acre. 



$12.00 
6.00 
3.00 



Lund at 

$1.25 per 

acre. 



$6. 00 
3.00 
1.50 



19 

COMMUTATION OF HOMESTEAD ENTRIES. 

If a homestead settler does not wish to remain five years on a tract J 
he may pay for it with cash. Military bounty-land warrants, agricult 
ural college scrip, and private land-claim scrip may be located in lien 
of cash payment. 

To entitle a homestead claimant to the land upon making such pay- 
ment he must prove his actual settlement, improvement, and cultiva- 
tion for not less than six months preceding date of proof. Eesidence 
on the land must be actual and continuous for the prescribed period. 

Parties commuting homestead entries can not be excused from any 
cause for failure to live upou, improve, aud cultivate the land for the 
required period. They are not obliged to make proof in the short time 
in which commutation is allowed, and when such proof is made full com- 
pliance with law must be satisfactorily shown. 

A person who commutes a homestead entry can not while owning the 
tract move therefrom and settle upon public land in the same State or 
Territory as a pre-emptor. (Sec. 22G0, Rev. Stat.) 

Proof of settlement and cultivation for the prescribed period is to be 
made in the same manner as in pre-emption cases. 

A person commuting a homestead entry by false swearing when he 
has not actually resided upon the land and improved and cultivated it 
as required by law, forfeits all right to the land and to the parchase money 
paid, and in addition thereto renders himself liable to criminal prose- 
cution. (M. F. Soto, 6 L. D., 383.) 

ACT OF JUNE 15, 1880. 

A further right of making cash payment for lands originally entered 
as a homestead accrues under the act of June 15, 1880 (21 Stat., 237 ; 
Appendix No. 15), which allows any party who had entered a homestead 
prior to that date (or any person to whom such party may have at- 
tempted to transfer his right by a bona fide instrument in writing) to 
pay the Government price (less the fee and commissions) for the land 
covered by such entry, provided it was originally subject to entry, and 
provided it had not been subsequently entered by any other person 
under the provisions of law. (Maughn, 9 Copp, 56; Miller, id., 57; 
Weaver, id., Of Bishop,^., 95; George 10. Sandford, 5 L. D., 535.) He 
can not, however, be permitted to exercise such right so as to bar the 
preferred right of a contestant under act of May 14, 1880 (21 Stat., 140, 
Ax>pendix No. 7), after contest initiated. (Freise v. Hobson, 4 L. D., 580.) 

In case the original homestead party applies to purchase, if he has 
lost his duplicate receipt, he must make oath that he has not, prior to 
the passage of said act, transferred nor attempted to transfer his home- 
stead rights under said entry, and that he has not assigned his right to 
receive the repayment of the fees, commissions, and excess payments 
paid thereon. The register will certify to the receiver the amount to 
be allowed as credit for fees and commissions already paid, the appli 
cant first making oath that said fees and commissions have not been 
repaid, and that no application for such repayment has been made. In 
case he had attempted to transfer his right he may still be permitted to 
purchase, upon filing proof of the consent of the person to whom such 
transfer was attempted to be made. 

ATTEMPTED TRANSFER OF HOMESTEAD RIGHTS. 

In case a party to whom a homestead settler has attempted to trans- 
fer his right desires to take advantage of the act, the register and re- 



20 

ceiver will require the instrument in writing by which it was sought to 
transfer such homestead right to be filed, together with the best evidence 
attainable of the bona fide character of the transfer, including the affi- 
davit of the party who seeks to purchase. 

In case of doubt as to the propriety of allowing the application to pur- 
chase, they should refer all the papers to the General Land Office, accom- 
panied by an expression of their opinion based upon a full recital of .the 
facts. 

FORM OF ENTRY. 

The application must be made as in ordinary cash entry (Form 4 — 001) 
and must be accompanied by the receiver's duplicate homestead receipt, 
or, if that has been lost or destroyed, by an affidavit setting forth such 
fact, and giving the register's and receiver's number and date of the 
original homestead entry. It must also be stated in the application 
that the same is made under the second section of the act of June J 5, 
1880. 

Entries under said second section will receive current register's and 
receiver's numbers in the regular cash series, and will be returned in 
the same manner as in other cases of cash entry, referring, however, in 
each instance, on the cash abstracts, certificates, and receipts, to the 
date of the act authorizing the entry, the register's and receiver's num- 
ber of the original homestead application, and the amount allowed as 
credit for fees and commissions, as follows: " Act June 15, 1880. Origi- 
nal homestead entry No. — . Credit for fees and commissions, $— ." 

Final homestead proof not being required in these cases, no adver- 
tisement or notice of intention to make final proof is necessary, and no 
final homestead fees are to be paid or collected. 

Warrants and scrip made receivable by law for lands subject to sale 
at private entry, or in commutation of homestead or pre-emption rights, 
are receivable for lands purchased under this act. 

Where land purchased under this act is paid for with warrants or 
scrip there would be no claim for repayment on account of the fee and 
commissions paid on the original homestead entry ; and the existing 
rule must be observed, that where the value of warrants or scrip ex- 
ceeds that of the lands entered therewith no repayment on account of 
Mich excess is authorized, but the warrant or scrip applied must be 
fully surrendered (see "Warrant Locations"). 

ADJOINING FARM HOMESTEADS. 

A person possessing the requisite qualifications under the homestead 
law, owning and residing on land not amounting in quantity to a quarter- 
section, may enter other land lying contiguous to his own to an amount 
which shall not, with the land already owned by him, exceed in the ag- 
gregate 1G0 acres. For instance, if he has purchased or obtained from 
the Government or from any other party 40 acres of land, he can, under 
the provisions of the homestead law, enter 120 acres adjoining ; if he is 
the owner of 80 acres, he can enter another tract of 80 acres ; if he is 
t he owner of 120 acres he can enter 40 acres additional. (Sec. 228U, Rev. 
tttat., Appendix No. 1.) The party must fulfill the requirements of the 
homestead law as to residence and cultivation, but will not be required 
to remove from the land which he originally owned in order to reside 
upon and cultivate that which he thus acquires under the homestead 
law, since the whole 100 acres are considered as constituting one farm 
or body ot land, residence upon and cultivation of a portion of which is 



21 

equivalent to residence upon and cultivation of the whole, except that 
patent for the adjoining homestead will not be issued until five years 
from date of entry thereof. 

HOMESTEAD SETTLERS WITHIN RAILROAD LIMITS. 

Homestead settlers within the limits of grants for railroads or wagon 
roads, except grants of even sections in Alabama, Mississippi, and 
Louisiana, who were restricted to 80 acres by law previous to March 3, 
L879 (or in Missouri and Arkansas prior to July 1, 1879), may enter an 
additional 80 acres adjoining the land embraced in tbe original entry, 
if such additional land is subject to entry ; or if the party so elects he 
may surrender his original entry and make a new entry for 100 acres 
elsewhere. (Acts March 3, 1879,' 20 Stat, 472 ; July 1, 1 870, 21 Stat., 40; 
Appendix, Nos. 11, 12.) 

The following paragraphs I and II are here presented in explanation 
of the history of the legislation just referred to, viz : 

I. The laws extending the homestead privilege, embraced in sections 
2289 to 2312 of the Eevised Statutes, give to every citizen, and to those 
who have declared their intention to become citizens, the right to a 
homestead on surveyed lands, since extended to wisurveyed lands by 
act of May 11, 1880. (Appendix, No. 7). This right was limited by sec- 
tion 2289 of the Revised Statutes, as the maximum quantity, to 1G0 
acres of the class of ordinary public lands held by law at $1.25 per acre, 
when disposed of to cash purchasers, or 80 acres of the class of lands 
embraced in the alternate sections, along the lines of railroads or other 
works of internal improvement, reserved to the United States in acts 
of Congress making grants of land in aid of the construction of such 
works, and the price thereof increased to $2.50 per acre. By act of 
Congress of March 3, 1879, it was enacted that from and after its pas- 
sage " the even sections within the limits of any grant of public lands 
to any railroad company, or to any military road company, or to any 
State in aid of any railroad or military road, shall be open to settlers 
under the homestead laws to the extent of 160 acres to each settler," 
thus doing away in this class of entries with the distinction between 
ordinary minimum and double minimum lands, or lands held at $1.25 
per acre and lands held at $2.50 per acre, which had existed under sec 
tion 2289 of the Eevised Statutes of the United States, so far as the 
double minimum lands may be found in even sections within the limits 
of land grants for railroads or military roads. These provisions did 
not extend so as to embrace any double minimum lands in odd numbered 
sections, or in the limits of grants for any other description of public 
works. By act of July 1, 1879, the same provisions were extended to 
the odd sections in the States of Missouri and Arkansas, where the odd 
sections were reserved to the United States, the price of the lands 
therein enhanced, and the even sections granted for the purposes of im- 
provement. Both acts were inoperative in any case where the even 
sections were granted, the odd being reserved, and not within the States 
of Missouri and Arkansas, as in certain grants in Alabama, Mississippi, 
and Louisiana ; but the double minimum lands in the two last-mentioned 
States having been brought into market at the enhanced price prior to 
the 1st January, 1861, are now reduced to $1.25 per acre under the third 
section of the act of June 15, 1880. 

II. The act of March 3, 1879, in addition to its provision already re- 
ferred to, provides, first, that " any person who has under existing laws 
taken a homestead on anv even section within the limits of any rail- 



22 

road or military road land grant, ancLwho by existing laws shall have 
been restricted to 80 acres, may enter under the homestead laws an ad- 
ditional 80 acres adjoining the land embraced in his original entry, if 
such additional land be subject to entry," without payment of fees and 
commissions, and that "the residence and cultivation of such person 
upon and of the land embraced in his original entry shall be considered 
residence and cultivation for the same length of time upon and of the 
land embraced in his additional entry, and shall be deducted from the 
five years' residence required bylaw," with the proviso, however, that 
in no case shall patent issue " until the person has actually, and in con 
formity with the homestead laws, occupied, resided upon, and cultivated 
the land " embraced in his additional entry " at least one year." The 
act of July, 1, 1879, is similar in effect as regards persons who had taken 
homesteads on the odd-numbered sections reserved from such grants in 
Missouri and Arkansas. 

The right to make an additional entry under these acts or to surren- 
der the original entry and make a new one descends to the statutory 
successor to tbe original homestead right, but is not subject to sale or 
assignment. The additional or the new entry, as the case may be, can 
be made only by the homestead claimant, or, if he be dead, by the 
widow, devisee, or other successor to the right. 

An entry may be made under these acts, although the original entry 
was commuted by cash payment. 

A woman who has married since making original entry is not thereby 
disqualified from making an additional entry under these acts. 

A person making additional entry of 80 acres, or new entry after sur- 
render and cancellation of his original entry, can do so without payment 
of further fees and commissions. (Acts March 3, 1879, 20 Stat., 472 ; 
and July 1, 1879,21 Stat,, 46; Appendix, Nos. 11 and 12.) 

Where additional entry is made on lands adjoining an original entry 
upon which proof has been made, no further proof or payment is required 
additional to the proof and payment already made on the original entry. 
(Act May G, 1S86, 24 Stat., 22; Appendix No. 13.) 

But in case of an additional entry when proof on the original entry 
has not been made, the proof and payment to cover both the original 
aud additional entry must be made at the same time and in the same 
manner, and where a party surrenders his original entry and makes a 
new one he must comply with the law in respect to residence, improve- 
ment, and cultivation for such period as, with his residence on the origi- 
nal tract, will make five years, and he must, in any event, reside upon, 
improve, and cultivate the land embraced in the new entry for at least 
one year. 

In applying for an additional entry the party must make affidavit 
before the register or receiver, describing the tract upon which he re- 
sides. ( Form 4 — 08G.) If final proof on the original entry has not been 
made, he must submit proof setting forth the particulars of his existing 
entry and of his compliance with legal requirements regarding the same 
(Form 4 — 3G9 a and 4 — 3G9 b) ; and he must make application accord- 
ing to Form 4—018. 

li' final proof on the original entry has been made and certificate 
issued, the register and receiver, in reporting the case, will make a refer- 
ence to the certificate, giving the number and date, so that it may be 
identified on the records of the General Land Office. 

The register and receiver, if they find the original entry to be intact 
upon their records, whether patented or not, will allow the entrj- applied 
for, note the same on their records, giving it the proper number in the 



23 

regular homestead series, and report it with their monthly homestead 
returns, indicating its character as an additional entry on the margin 
of their monthly abstracts, with a reference to the original entry by its 
number and the description of the land. The money columns in the 
abstracts will of course be left blank, since there will be no fees and com- 
missions paid. 

The applicant for an additional homestead entry must swear that he 
did not serve in the Army or Navy of the United States for ninety days 
or more ; for persons who thus served were not restricted to 80 acres 
under previously existing laws, and consequently are not entitled to the 
benefits of the acts amending said laws approved March 3, 1879, and 
July 1, 1879. 

In order to entitle a homestead entry mar to an additional entry under 
the act of March 3 or July 3, 1879, and to a patent for such additional 
entry under the act of May 6, 1886, his original entry must be a valid, 
bona-ficle entry, and the proofs presented in support thereof must have 
been accepted by this office. 

Registers and receivers will, therefore, in no case (except where patent 
has issued on the original entry), issue a final certificate on the addi- 
tional entry until they nave been advised by this office that final proof 
on the original entry has been approved and the additional entry ac- 
cepted. When so advised they will issue final certificate on the addi- 
tional entry without cost to the entryman and forward the same to this 
office, (Circular July 26, 1886, 5 L. D., 128.) 

Settlers within railroad limits who have purchased from a railroad 
company lands in railroad, sections which are afterwards for any cause 
restored to the public domain are entitled to make entry of the lands 
so occupied by them, under the general provisions of the settlement 
laws. 

If they have exhausted their homestead, pre-emption, and timber- 
culture rights, they are allowed under the act of January 13, 1881 (21 
Stats., 315, Appendix No. 14), to purchase from the United States within 
three months after restoration, at $2.50 per acre, not exceeding 160 acres 
of land which they settled upon and improved with the expectation of 
purchasing from the company. 

Every person applying to make entry under the act of January 13, 
1881, must make and subscribe the following affidavit : 

I, , of , claiming the right to enter the of section — — , 

township , range , under the provisions of the act of Congress approved 

January 13, 1881, entitled " An act for the relief of certain settlers on restored rail- 
road lands," do solemnly that I was an actual settler on said tract at the time 

of the restoration thereof to the public domain of the United States, to wit, on the 

day of , 18 — ; that prior to said time I had made valuable and permanent 

improvements on the land; that my settlement was made in good faith and with the 

permission or license of the Railroad Company and with the expectation of 

purchasing said land from said company, and that I am not entitled to enter and ac- 
quire title to said land under the pre-emption, homestead, or timber-culture laws of 

the United States for the reason that : and that my improvements 

on said land at the dat^ of the restoration thereof to the public domain consisted of 

The foregoing affidavit may be made before the register and re- 
ceiver or any officer authorized to administer oaths in the county in 
which the lands are situated. It must be supported by satisfactory 
evidence that the settlement was made with the permission or license 
of the railroad company and with the expectation of purchasing the 
land from said company. The testimony of two competent witnesses 
will be required, showing that applicant's settlement was made prior to 



24 

the restoration of the land, and stating the valuo and extent of his or 
her improvements. (Circular January 28, 188!, and circular April 30, 

1886.) 

soldiers' and sailors' homestead rights. 

Any officer, soldier, seaman, or marine who served for not less than 
ninety days in the Army or Navy of the United States during the rebell- 
ion and who was honorably discharged and has remained loyal to the 
Government and who makes a homestead entry of 160 acres or less on 
any laud subject to such entry, is entitled under section 2305 of the Re- 
vised Statutes (Appendix No. 1) to have the term of his service in the 
Army or Navy, not exceeding four years, deducted from the period of 
five years' residence required under the homestead laws. 

If the party was discharged from service on account of wounds or 
disabilities incurred in the line of duty, the whole term of enlistment, 
not exceeding four years, is to be deducted from the homestead period 
of five years ; but no patent can issue to any homestead settler who has 
not resided upon, improved, and cultivated his homestead for a period 
of at least one year after he commenced his improvements. (Sec. 2305, 
Rev. Stats., Appendix No. 1.) 

A party applying to make entry under the provisions of section 2304 
must file with the register and receiver a certified copy of his certificate 
of discharge, showing when he enlisted and when he was discharged 5 
or the affidavit of two respectable, disinterested witnesses corrobora- 
tive of the allegations contained in the prescribed affidavit (Form 
4 — 065) on these points, or, if neither can be procured, his own affidavit 
to that effect. 

A soldier may file a declaratory statement in person. 

The filing must be accompanied by the oath of the soldier, stating 
his residence and post-office address, and setting forth that the claim 
is made for his exclusive use and benefit, for the purpose of actual set- 
tlement and cultivation, and not either directly or indirectly, for the use 
or benefit of any other person ; and that he has not theretofore either 
made a homestead entry or filed a declaratory statement under the home- 
stead law (Form 4 — 546). The fee is $2, except in the Pacific States and 
Territories, where the fee is $3. 

A soldier's claim may be filed by an agent. 

Any such officer, soldier, sailor, or marine may file his claim for a 
tract of laud through an agent, and may have six months thereafter within 
which to make his actual entry and commence his settlement and im- 
provements upon the land. (Rev. Stat., 2309 ; Appendix No. 1). 

In addition to the oath heretofore prescribed, the oath, in case of filing 
by an agent, must further declare the name and authority of the agent 
and the date of the power of attorney or other instrument creating the 
agency, adding that the name of the agent was inserted therein before its 
execution. It should also state in terms that the agent has no right or 
interest, direct or indirect, in the filing of such declaratory statement 
(Form 4—545). 

The agent must file (in addition to his power of attorney) his own oath 
to the effect that he has no interest, either present or prospective, direct 
or indirect, in the claim ; that the same is filed for the sole benefit of the 



25 

Soldier, and that no arrangement has been made whereby said agent has 
been empowered at any future time to sell or relinquish such claim, either 
as agent orbyfiliugan original relinquishment of the claimant (Form 
4—545). 

As implied by the requirement of the oath, a soldier will be held to 
have exhausted his homestead right by the filing of his declaratory 
statement; it being manifest that the right to file is a privilege granted 
to soldiers in addition to the ordinary privilege only in the matter of 
giving them power to hold their claims for six months after selection, 
before entry ; but is not a license to abandon such selection with the 
right thereafter to make a regular homestead entry independently of 
such filing. This is clear from the statutory language. Section 2304 
provides that "the settler shall be allowed six months, after locating 
his homestead and filing his declaratory statement, within which to 
make his entry and commence his settlement and improvement;" and 
section 2309 requires him " in person" to "make his actual entry, com- 
mence settlement and improvement on the same, and thereafter fulfill 
all the requirements of law.' 7 These must be done on "the same 57 land 
selected and located by the filing. 

The foregoing rule, however, will not be construed to require the re- 
jection of an application to enter the tract filed upon after the lapse of 
six months, when climatic reasons are shown, which in case of an 
actual entry would, under the act of March 3, 1881 (21 Stat., 511; Ap- 
pendix No. 10), justify an allowance of one year for establishing resi- 
dence; nor in cases where the failure results from sickness, misfortune, 
or any insurmountable cause, which shall be properly alleged and satis- 
factorily shown, and where no adverse right has intervened. 

Where such cause has prevented entry and an adverse right has been 
admitted, it will be held proper within the discretion of the General 
Land Office to allow an entry upon another tract : Provided, That it 
shall be shown to the full satisfaction of the Commissioner that the de- 
fault was practically beyond the power of the claimant to avoid. 

Following the accepted practice in pre-emption cases, the filing of a 
declaratory statement will not be held to bar the admission of filings 
and entries by others ; but any person making entry or claim during 
the period allowed by law for entry of the soldier will do so subject to 
hi? right; and the soldier's application when offered within such time 
will be allowed as a matter of right and operate to exclude the interven- 
ing claim. 

In case any register and receiver have cause to believe that any filing 
offered for record is not presented in good faith, they will reject the 
same, allowing an appeal from their action according to the regular 
practice. 

Entries cannot be made for a soldier or sailor by au agent or attorney. 

The entry can be made only by the soldier or sailor, and he must com- 
mence his settlement on the land within six months after his filing, and 
must continue to reside on the land and cultivate it for such period as, 
added to his military or naval service, will make five years. But he 
must actually reside upon the land at least one year whatever may have 
been the period of his military or naval service. 

The widow, or, in case of her death or remarriage, the guardian of 
minor children, may complete an entry made by the soldier or sailor, and 
patent will issue accordingly. 

In case of the death of any person who would be entitled to a home- 
stead under the provisions of section 2304 his widow, or, in case of her 



26 

death or remarriage, his minor orphan children, by a guardian duly 
appointed and officially accredited at the Department of the Interior, 
may make the filing and entry in the same manner that the soldier or 
sailor might have done, subject to all the provisions of the homestead 
laws in respect to settlement and improvement; and the whole term of 
enlistment in the military or naval service shall be deducted from the 
time otherwise required to perfect the title. (Sec. 2307, Rev. Stat.; 
Appendix No. 1.) 

The ruling hereinbefore stated relative to the widow or minor children 
of another deceased homestead party as to actual residence is equally 
applicable to the widow or minor children of a deceased sailor or sol- 
dier 5 if the land is cultivated in good faith the law will be regarded as 
substantially complied with, although the widow or children may not 
actually reside upon the land. 

In case of widows, the prescribed evidence of military service of the 
husband must be furnished, with affidavit of widowhood, giving date 
of the husband's death. 

In case of minor orphan children, in addition to the prescribed evi- 
dence of military service of the father, proof of death or remarriage of 
the mother must be furnished. Evidence of death may be the testi- 
mony of two witnesses, or a physician's certificate duly attested. Evi- 
dence of marriage may be certified copy of marriage certificate, or of 
the record of same, or testimony of two witnesses to the marriage cere- 
mony. 

Minor orphan children can act only by their duly appointed guar- 
dians, who must file certified copies of the powers of guardianship, 
which must be transmitted to the General Land Office by the regis- 
ters and receivers with their abstracts of soldiers' declaratory state- 
ments. 

soldier's additional homestead entry. 

An officer, soldier, seaman, or marine wiio served for not less than 
ninety days in the Army or Navy of the United States during the re- 
bellion, who had, prior to June 22, 1874, the date of approval of the 
Revised Statutes, made a homestead entry of less than 160 acres, may 
enter an additional quantity of land, adjacent to his former entry or else- 
where, sufficient to make, with the previous entry, 160 acres. (Rev. 
Stat., 2306 ; Appendix No. 1.) 

This right (extended by sec. 2307, Rev. Stat., to the widow, if unmar- 
ried, otherwise to the minor orphan children by proper guardian) is a 
personal one, and is not transferable; it is not subject to assignment or 
lien, nor can it be exercised by another. 

The practice which formerly prevailed of certifying the additional 
right as information from the records of the General Land Office and 
permitting the entry to be made by an agent or attorney has been dis- 
continued. 

The party desiring to make an additional entry and being entitled 
thereto must present himself at the land office of the district in which 
the land he wishes to enter is situated and make his application in the 
same manner as in case of an original entry (Form No. 4 — 00S). 

In addition to the usual homestead affidavit the claimant must make 
a special affidavit showing — 

First. His identity as the soldier he represents himself to be, reciting 
iiis military service and statiug his present residence and post-office 
address. 



27 

Second. The facts in detail, setting forth his right to make the addi- 
tional entry and that he has fully complied with the provisions of the 
homestead laws in the residence upon and cultivation and improve- 
ment of his original entry and stating whether or not he has proved, 
up his claim and received a patent for the land. Proper reference must 
be made to the original homestead entry, giving the name of the dis- 
trict office wherein it was made, the date and number of the entry, and 
the description of the land. 

Third. That he has not in any manner previously exercised his addi 
tional right either by entry or application, or by saie, transfer, or power 
of attorney, but that the same remains in him unimpaired. 

The foregoing affidavits must be sworn to and subscribed in the pres- 
ence of the register or receiver. This rule must be strictly adhered to 
in order to avoid false personation ; and applications and affidavits pre- 
sented to the register and receiver with signature attached will not be 
received. 

The foregoing rules will not be deemed to apply to cases where the 
additional entry has heretofore been certified by the General Land 
Office, nor to cases pending which were filed therein prior to March 10. 
1883. 

Where the party's first entry has been consummated the register 
and receiver will require him to pay the same fee and commissions as 
111 cases of original entry, the receiver will issue his receipt for the 
money paid, and these papers will receive the current date and the 
proper numbers in their homestead series. Then, to complete the trans- 
action — it being an object, for the convenience of business, that the ad- 
ditional entry papers and the final papers therefor, in such cases, shall 
be kept separate and distinct — the party will make payment of the 
usual final commissions on the entered tract, for which the receiver will 
issue his receipt; the register will thereupon issue his final certificate 
for the additional tract (Form 4—197), the receipt and certificate to bear 
their proper numbers in the final homestead series, likewise a reference 
to the original entry and to the final certificate thereon by their num- 
bers, and also by their district where the party's first entry shall have 
been made in a different district. 

In case the party has not made proof on his original homestead entry 
when he applies for additional land, he will be allowed to make the ad- 
ditional entry on proper application, as above stated, and paying the 
usual fee and commissions, for which the receiver will issue his receipt, 
the papers to receive their proper numbers in the homestead series, 
with a reference thereon to the original entry. Thereafter, when the 
party shall make final proof on theLoriginal entry, he will be required 
to pay the final commissions on both entries, when a final receipt will 
be issued for the money, and thereupon a final certificate issued to call 
both for the tract in the original entry and the additional tract. On 
these papers the register and receiver will make a reference to the orig- 
inal and the additional entry, and on them one patent will issue for 
both. But where it happens that the original entry and the additional 
entry are made in different land districts, this rule must be departed 
from so far as regards the issuing of one final certificate and receipt for 
both. 

PARTIAL WAIVER OF HOMESTEAD RIOHTS. 

The election 01 a qualified party, when filing for a homestead, to take 
less than the law allows him, is construed as a waiver of his claim for a 



28 

larger quantity; and the same in case of an adjoining farm entry or 
soldier's additional entry. 

(But when an additional homestead claim was filed for 40 acres by 
a homesteader whose original entry was 120 acres, and 40 acres of this 
original entry had been canceled, but notice of the cancellation had not 
reached hiin when he filed for the additional 40 acres, this was not con- 
sidered a waiver of the full amount, since he filed for all that he sup- 
posed'was due him.) 

The acts of March 3 and July 1, 1879, providing that a person who 
had taken a homestead to the extent of 80 acres within the granted 
limits of a railroad grant, on the alternate sections belonging to the 
Government, might enter an additional contiguous 80 acres, are not con- 
strued as allowing a person who elected to take but 40 acres under the 
original homestead law to take an additional 120 acres under these 
amendatory acts. 

INDIAN HOMESTEADS. 

By the provisions of the Indian appropriation act of July 4, 1884 (23 
Stats., 96, Appendix No. 1G), any Indians who might then be located on 
public lands or should thereafter so locate may avail themselves of the 
privileges of the homestead laws as fully and to the same extent as citi- 
zens of the United States, but without payment of fees or commissions 
on account of such entries or proofs. 

Indian homesteads can not be commuted and are not subject to sale, 
assignment, lease, or incumbrance. All patents issued for Indian home- 
steads must be of the legal effect and declare that the United States 
does and will hold the land thus entered for the period of twenty -five 
years in trust for the sole use and benefit of the Indian by whom such 
entry shall have been made, or, in case of his decease, of his widow and 
heirs according to the laws of the State or Territory where such land is 
located, and that at the expiration of said period the United States will 
convey the same by patent to said Indian or his widow and heirs as 
aforesaid, in fee, discharged of said trust and free of all charge or in- 
cumbrance whatsoever. 

Upon any Indian applying to enter land under said act he will be al- 
lowed to do so without payment of fee or commissions, but will be re- 
quired to furnish a certificate from the agent of the tribe to which he 
belongs that he is an Indian of the age of twenty-one years or the 
head of a family and not the subject of any foreign country. The en- 
tries will be numbered in the same series as other homesteads, but the 
papers, abstracts, and tract-books should be annotated "Indian home- 
stead, act July 4, 1884." 

FIVE-YEAR NOTICE AND SEVEN-YEAR NOTICE. 

Kegisters and receivers will notify homestead claimants, on the ex- 
piration of the five-yenv period and of the seven-year period, according 
to Forms 4 — 343 and 4—344, respectively. 

SUFFERERS FROM GRASSHOPPERS. 

The first section of the act of July 1, 1879, u for the relief of settlers 
on the public lands in districts subject to grasshopper incursions," pro- 
vides that homestead and pre-emption settlers mi public lands where 
crops have been destroyed or seriously injured by grasshoppers may 



29 - 

leave and be absent from said lands for a period not to exceed one year 
continuously, under such rules and regulations as the Commissioner of 
the General Land Office shall prescribe, being allowed afterward to re- 
sume and perfect their settlement as though no such absence had oc- 
curred. The second section provides that the time for making final 
proot and payment by pre-emptors whose crops had been destroyed or 
injured as aforesaid may, at the discretion of the Commissioner, be ex- 
tended for one year. (21 Stats., 48 ; Appendix No. 9.) 

A settler desiring to take advantage of the provisions of this act should 
file with the register and receiver a written notice of intended absence, 
bearing his own signature, and embracing a statement that he had sus 
tained loss or failure of his crops. This should be noted on the tract- 
books for the protection of the claimant and the information of parties 
who might otherwise make settlement and attempt to obtain title. 

Pre-emption settlers desiring the extension of time provided for in 
the second section of the act should apply therefor through the same 
officers, the application to be supported by the same character of proof, 
which should be made before the register or receiver of the district land 
office or before any officer using a seal and authorized to administer 
oaths. 

Upon making final proof the settler having been absent under the 
first section should file his affidavit, with the affidavits of two or more 
witnesses, corroborative thereof, stating the particulars of the alleged 
destruction or serious injury of crops by grasshoppers. 

The particulars given should be such as to admit of a decision whether 
the absence was justified by law or not, and should specifically show 
at what time the party left the land and when he resumed his settle- 
ment. 

The affidavits required in cases arising under this section of the act 
must be made at the same time and place and before the same officer 
taking the other proofs. 

SUFFERERS FROM DROUGHT IN KANSAS AND NEBRASKA IN 1879 OR 

1880. 

The act of June 4, 1880, " for the relief of certain homestead and pre- 
emption settlers in Kansas and Nebraska," provided that pre-emption 
settlers on the public lands, or pre-emption settlers upon Indian reserva- 
tions in the States of Kansas and Nebraska, west of the sixth principal 
meridian, where there was a loss or failure of crops from unavoidable 
cause in the year 1879 or 1880, might leave and be absent from said lands 
until the 1st day of October, 1881, under such rules and regulations as 
to proof and notice as the Commissioner of the General Land Office 
might prescribe — such settlers being allowed to resume and perfect 
their settlements as though no such absence had occurred ; and the time 
for making final proof and payment by such pre-emptors was extended 
for one year. In cases where the purchase money was by law payable 
in installments, the first unpaid installment was held not to be due until 
one year after the expiration of the leave of absence aforesaid. (21 
Stat., 543 ; Appendix No. 28.) 

The lands to which the provisions of this act applied were included 
within the land districts of Wichita, Salina, Concordia, Larned, Kirwin, 
WaKeeney, Oberlin, and Garden City (all the districts except Topeka, 
and Independence), in Kansas ; and Niobrara, Lincoln, Grand Island, 
North Platte, Bloomington, Beatrice, Neligh, Yalentine, and McCook 
(all the districts), in Nebraska. Land lying east of the one hundredth 



30 

meridian in any one of these districts did not come within the provis- 
ions of this act. 

This act, since it referred to a loss or failure of crops during only the 
years 1879 or 1880, is now obsolete ; but any pending cases will be ad- 
judicated under the original instructions, which were as follows: 

This right of absence is not available in any case in which there has not been "a loss 
or failure of crops from unavoidable cause in the year 1879 or 1880 ;" hence, when, a 
settler not actually entitled to the benefits of this act absents himself from his claim, 
it will be liable to be regarded as an abandonment, and adverse claims may be rec- 
ognized. 

The settler desiring to leave his claim under this act should file with the register 
and receiver of the proper district land office a written notice of his intention to do 
so, bearing his signature, and embracing a statement that he has sustained a loss or 
failure of his crops in 1879 or 1880, this being necessary for his own protection, and 
as notice due parties who might otherwise initiate claims to the land. 

At date of final proof by any party who shall have availed himself of this act he 
must show by satisfactory proof the period of absence, and specific facts making ap- 
pear the loss or failure of crops from unavoidable cause in 187C or 18S0, on account of 
which he was entitled to its benefits. The proof should consist of the party's own 
testimony, corroborated by that of two or more disinterested witnesses. 

After a party shall have filed l he notice of intended absence under this act, no con- 
test involving his right to the land can be instituted prior to the expiration of the 
legal term of absence to which he is entitled. If the party should be fraudulently 
absent, it will be a matter of investigation in the regular manner thereafter. All 
notices filed will be duly entered on the records of the district office, and reported with 
the final proof made in the case. 

NECESSARY TIMBER ON PUBLIC LANDS. 

Homestead or pre-emption claimants who have made bona-fide settle- 
ments upon public land, and who are living upon, cultivating, and im- 
proving the same in accordance with law and the rules and regulations 
of this Department, with the intention of acquiring title thereof, are per- 
mitted to cut and remove, or cause to be cut and removed, from the 
portion thereof to be cleared for cultivation, so much timber as is actually 
necessary for that purpose or for buildings, fences, and other iinprov- 
ments on the land entered. 

In clearing for cultivation, should there be a surplus of timber over 
what is need( d for the purposes above specified, the entryinan may sell 
or dispose of such surplus; but it is not allowable to denude the land 
of its timber for the purpose of sale or speculation before the title has 
been conveyed to him by patent. 

The abandonment of a settlement claim after the timber has been re- 
moved is presumptive evidence that the claim was made for the primary 
purpose of obtaining timber. 

Squatters upon public lands have no right to cut timber therefrom 
for any purpose. 



TIMBER CULTURE. 
THE ACT OF MARCH 3, 1873. 

The first act " to encourage the growth of timber on the western 
prairies" was passed March 3, 1873 (17 Stat., 605). It provided that 
•' any person " (not restricting the privilege to heads of families, persons 
twenty-one years of age, and citizens or those who had declared their 
intention to become citizens of the United States) might under that act 
make an entry of not more than a quarter-section of the public land for 



31 

the purpose of the cultivation of timber thereon. The entryman was 
required to plant, protect, and keep in a healthy, growing, condition, for 
ten years, 40 acres of timber on the quarter-section entered — the trees 
not to be more than 12 feet apart each way. Final proof could be made 
at the expiration of ten years from the date of entry, or at any time 
within three years thereafter, when the party, or in case of his death 
his heirs or legal representatives, must prove his or their compliance 
with the law by two credible witnesses. 

THE ACT OF MARCH 13, 1874. 

March 13, 1874 (18 Stat., 21), an act was passed amendatory of, and 
from its date a substitute for, the act of March 3, 1873. This act re- 
stricted the privilege of timber-culture entry to citizens of the United 
States, or persons who had declared their intention to become citizeus, 
and who were heads of families or had arrived at the age of twenty-one 
years. Forty acres of timber on the quarter- section — and the like propor- 
tion in case less than a quarter-section were entered — were required to 
to be planted (not less than 12 feet apart each way), protected, and kept 
in a growing condition. The party making entry was required to break 
10 acres of land the first year after the date of the entry, 10 acres the sec- 
ond year, and 20 acres the third year ; and to plant 10 acres of timber the 
second year, 10 acres the third year, and 20 acres the fourth year ; or in 
proportion when the entry was less than a quarter-section. Final proof, 
substantiated by two credible witnesses, to the quantity and character 
of the timber, could be made at the expiration of eight years from the 
date of entry, or at any time within five years thereafter. Entries made 
under the act of March 3, 1873, could be completed and final proof made 
under the act of March 13, 1874, upon compliance with the provisions 
of the latter act. In case of the death of a person who had complied 
with the provisions of the act for three years the heirs or legal represen- 
tatives had the option to continue the compliance for the remainder of 
the eight years and to receive patent accordingly, or receive patent 
for 40 acres outright by relinquishing all claim to the remainder. 

AMENDMENT OF MAY 20, 1876. 

The act of May 20, 1876 (19 Stat,, 54), amendatory of the act of 1874 
provided that whenever a party holding a claim or making final proof 
under said act should prove, by two credible witnesses, that the trees 
planted and growing on said claim were destroyed by grasshoppers 
during any one or more years, the time allowed in which to plant the 
trees and make final proof should be extended the same number of years 
as the trees planted were so destroyed. It also provided that the plant- 
ing of seeds, nuts, and cuttings, when well and properly done, and the 
ground properly prepared and cultivated, should be considered a com- 
pliance with the timber culture act ; and that in case the seeds, nuts, or 
cuttings planted should not germinate and grow, or should be destroyed 
by the depredations of grasshoppers, or from other unavoidable acci- 
dent, the ground should be replanted, or the vacancies filled within one 
year from the first planting. Parties claiming the benefit of this pro- 
vision were to prove, by two good and credible witnesses, that the 
ground was properly prepared and planted, and that the destruction 
of the seeds, nuts, or cuttings was caused by inevitable accident. Under 
this act it is not necessary that the planting shall be done in one body, 
provided the several bodies, not exceeding four in number, aggregate the 



32 

amount required and in the time required by the original and amended 
act. 

THE ACT OF JUNE 14, 1878. 

The act of June 14, 1878 (20 Stat., 113, Appendix No. 17), is amend 
atory of the act of March 13, 1874, and as to all entries made since June 
14, 1878, is a substitute for the prior act. 

1. The only persons who are authorized to make timber-culture en- 
tries are heads of families or single persons who have attained the age 
of twenty-one 3 T ears, and are citizens of the United States or have de- 
clared their intention to become such, and who have made no previous 
entry under the timber-culture laws. 

2. Entries are restricted to one quarter section or 160 acres, which 
may be portions of contiguous subdivisions of the section, provided 
the entry forms a compact body of land. 

3. No person can make more than one entry. Timber-culture rights 
once exhausted can not be restored by the Commissioner of the General 
Land Office. 

4. No more than one-quarter of any section can be embraced in one 
entry, and the entire section must be exclusively prairie lands or other 
lands devoid of timber. The removal of a natural growth of timber 
will not render land subject to timber-culture entry. 

5. A person applying to make a timber culture entry must file the 
affidavit prescribed by law, showing his qualiheations to make the en- 
try ; that the section of land specified in his application is composed 
exclusively of prairie or other lands devoid of timber ; that the entry is 
made for the cultivation of timber and for his own exclusive use and 
benefit ; that he makes his application in good faith, and not for the 
purpose of speculation, nor directly or indirectly for the use or benefit 
of any other person or persons whomsoever ; that he intends to hold 
and cultivate the land and to fully comply with the provisions of the 
law, and that he has not heretofore made an entry under said timber- 
culture act or any act of which said act of 1878 is amendatory. (Form 
4—073.) 

Any person falsely swearing to this affidavit or to auy affidavit re- 
quired by law or regulations under the timber-culture act, is guilty of 
perjury, and will be punished as the law provides for such offense. 

6. The foregoing affidavit, and the non-mineral affidavit, can be made 
only upon the personal knowledge of affiant, and neither of said affida- 
vits can be made by any other person than the applicant himself. 

7. Non-mineral affidavits will be required in all timber-culture entries 
in districts in which non-mineral affidavits are required in other cases 
of agricultural entry, aud must in every instance accompany the orig- 
inal entry application, and must be made at the same time and place 
and before the same officer as the original timber-culture affidavit. 

8. All affidavits required under the timber-culture laws must be made 
before the register or the receiver or the clerk of sonm court of record, 
or officer authorized to administer oaths in the district where the land 
is situated. Timber-culture affidavits executed or signed outside of the 
district in which the land is situated, or executed or signed in blank, 
are illegal. Every affiant must be sworn personally by the officer tak- 
ing the affidavit, it his office, and at the date specified in the jurat j 
and the officer taking the affidavit must certify that the person was so 
sworn and that the same was read in full to affiant before he affixed his 
signature thereto; and the attesting officer must certify to the identity 
and credibility of the party appearing before him. 



33 

9. Timber-culture entries can not'be made for mineral lands, nor lands 
within the limits of town sites, or covered by municipal improvements. 

10. Before allowing any entry applied for, f ne register and receiver 
will, by a careful examination of the tract and plat books, satisfy them- 
selves that the entry applied for will not conflict with any other entry 
or entries previously made. They will require the party to pay the fee 
and that part of the commission payable at the date of entry, for which 
the receiver will issue his receipt in duplicate (Form 4 — 142), giving the 
duplicate receipt to the party. 

11. The payments required by law on a timber-culture entry are 
as follows : For 80 acres or less, fee. $5, to be paid at date of entry ; 
commissions, $4 ; total, $9. For more than 80 acres, fee $10 at date of 
entry; commissions, $4; total, $14. Besides, in each case, $4 when 
final proof is made. No other fee, charge, gratuity, or reward is per- 
mitted to be paid or received for any services rendered at district land 
offices in connection with such entries. The receiver will account for 
the fees and commissions in the usual manner, indicating the same as 
fees and commissions on timber-culture entries. No distinction is made, 
as to area or the amount of fee and commissions, between minimum and 
double-minimum lands. The register and receiver will number the entry 
in its order and proper series of numbers, and will note the entry on 
their records and report the same in their monthly returns, sending up 
all the papers therein, with an abstract of the entries allowed during 
the month. 

12. Five acres on a quarter-section must be broken or plowed the first 
year, and 5 acres the second year. The second year the first 5 acres 
must be cultivated to crop or otherwise. The third year the second 5 
acres must be cultivated to crop or otherwise, and the first 5 acres must 
be planted in timber, seeds or cuttings. The fourth year the second 5 
acres must be planted in timber, seeds or cuttings. Ten acres are 
thus to be plowed, planted, and cultivated on a quarter-section, and the 
same proportion when less than a quarter-section is entered. The whole 
10 acres or the due proportion thereof must be prepared and planted 
within 4 years from the date of the entry, 5 acres being prepared the 
first and second years and planted the third year, and 5 acres being 
prepared the second and third years and planted the fourth year. 

I'd. The preparation of the ground by breaking and cultivation to 
crops must be thorough. The plowing must be done at the proper sea- 
son of the year and must be sufficiently deep to thoroughly break and 
mix the soil, and the cultivation to crop must be actual and bona fide. 
The object of the law is to promote the cultivation of timber, and land 
not made fit, by careful and thorough preparation, to produce a growth 
of trees, is not prepared as contemplated by law, and a failure to 
strictly comply with the law renders the entry liable to contest. 

14. Trees, tree seeds, or cuttings must be of suitable character to 
germinate and grow with proper cultivation, and must be carefully and 
properly set out or planted, and at a proper season of the year to insure 
growth, and must be carefully and thoroughly cultivated. 

15. Where land is selected for timber- culture entry which in its nat- 
ural state will not produce trees without irrigation, the ground will not 
be regarded as properly prepared nor the trees as properly cultivated 
unless the laud is irrigated and the trees kept watered. 

16. Where the ground is properly prepared and cultivated, and the 
planting of suitable trees, seeds, or cuttings is well and seasonably done, 
and the same should not germinate and grow, the ground must be re- 

14711 3 



34 

planted and vacancies filled the same or next succeeding season. If the 
trees, seeds, or cuttings are destroyed by grasshoppers or by extreme 
and unusual droughts, the time of planting may be extended one year 
for every year of such destruction, upon the filing in the local office of 
an affidavit by the entryman, corroborated by two witnesses, setting 
forth the destruction and asking the extension of time provided for by 
the act. 

17. The offering of relinquishments for sale after entry will be re- 
garded and treated as evidence tending to prove the fraudulent or 
speculative character of the entry. 

18. The following classes of trees are recognized as " timber" within 
the meaning of the law, viz: Ash (including mountain ash, or service 
tree), alder, basswood, beech, birch, box-elder, black walnut, butternut 
(otherwise called white walnut), cedar, chestnut, cottonwood, elm, fir, 
hickory, honey locust, larch, maple, oak, pine, spruce, sycamore (other- 
wise called buttonwood or cotton tree), white willow, whitewood (or 
tulip tree), and other trees recognized in the neighborhood as of value 
for timber, for firewood or domestic use, or for commercial purposes. 
Fruit trees, hedges, and shrubbery can not be classed as " timber," and 
their cultivation is not sufficient to satisfy the demands of the law. 

19. Final proof can not be made until the expiration of eight years 
from date of entry, and may be at anytime within five years thereafter, 
if cultivation has been made for the proper period, computed according 
to paragraph 22, and the law complied with in other respects. In 
making final proof it must be shown — 

First. That not less than twenty-seven hundred trees of the proper 
character were planted on each acre required to be planted. 

Second. That the quantity and character of trees as aforesaid have 
been cultivated and protected for not less than eight years preceding 
the time of making proof. 

Third. That at the time of making proof there are growing at least 
six hundred and seventy-five.living and thrifty trees to each acie. 

20. Perfect good faith must be shown by claimants. If trees, seeds, 
or cuttings are destroyed they must be replanted; and not- only must 
trees be planted, but they must be protected and cultivated in such 
manner as to promote their growth. 

21. All entries since June 14, 1878, are made under the act of that 
date. Parties who made entries under any of the former acts may 
complete the same and make final proof under the act of 1878, upon 
showing that they have had under cultivation, for at least eight years, 
the number of acres required by the act of 1878, and at the time of pre- 
senting final proof have the number of living and thrifty trees required 
thereby ; but they need not show that they followed the manner of 
planting prescribed by the latter act, if the planting was done in ac- 
cordance with the requirements of any one of the preceding acts. 

22. In computing the period of cultivation the time runs from the 
date when the total number of trees, seeds, or cuttings required by the 
act are planted. 

23. Hereafter parties desiring to offer final proof in timber culture 
cases will be required to file a notice of their intention with the regis- 
ter of the proper district land office, and the same shall be published 
in the same manner as in homestead and preemption cases. 

24. In making final proof the claimant (or, if he be dead, his heirs or 
legal representatives) must appear in person with at least two witnesses 
at the land office of the district in which the land is situated, and there 
make the necessary proofs ; or the affidavit of the party may be made, 



35 

and his testimony, and the testimony of his witnesses, given before a 
judge or clerk of a court of record in such land district ; but all the 
proof must be taken at the same time and place and before the same 
officer. 

25. The officer administering the oath or taking the testimony must 
certify to the identity and credibility of the party appearing before him. 

26. The proof must set forth specifically and in detail all the facts of 
the case, showing when cultivation was commenced, the acts performed, 
amount of land plowed, cultivated, and planted, what was done in each 
year, the total number of trees planted, the total number growing, and 
their size and condition at d?ate of proof, and any other facts or cir- 
cumstances material to the case. (Forms 4—093, 4 — 385, and 4 — 386.) 

27. The register and receiver will carefully examine the evidence, 
and, if found sufficient to show that the claimant has fully complied 
with the law, they will proceed (on payment of the final commissions 
allowed by law) to .issue the final certificate and receipt in the manner 
prescribed in Forms 4 — 148 and 4—217. 

28. Contests may be instituted against timoer-culture entries for 
illegality or fraud in the inception of the entry, for failure to comply 
with the law after entry, or for any sufficient cause affecting the legal- 
ity or validity of the claim. (See rule 1 et seq. of practice, approved 
August 13, 1885.) 

29. Contestants of timber-culture entries since the adoption of the 
foregoing rules of practice are not required to file an application to 
enter the land at the time of the initiation of contest, but the success- 
ful contestant secures a preference right of entry under the second sec- 
tion of the act of May 14, 1880, 12 Stat., 14Q. (This regulation overrules 
the decision in Bundy v. Livingston, 1 L. D., rev. ed., 152.) 

30. No land acquired under the provisions of the act of June 14, 1878, 
will in any event become liable to the satisfaction of any debt or debts 
contracted prior to the issuing of the final certificate therefor. 

31. Applicants to make timber-culture entries, and claimants and 
witnesses making final proof, must in all cases state their place of actual 
residence, their business or occupation, and their post-office address. 
It is not sufficient to name the county and State or Territory where a 
party lives, but the town or city must be named, and if residence is in 
a city the street or number must be given. 

32. Nothing herein will be construed to have a retroactive effect in 
cases where the official regulations of this Department in force at the 
date of entry were complied with, f Circular approved July 12, 1887, 
6 L. D., 2.) 



DESERT LANDS. 

The first section of .the act of March 3, 1877, entitled " An act to pro- 
vide for the sale of desert lands in certain States and Territories" (Ap- 
pendix No. 19), provides for the reclamation of such lands by " con- 
ducting water upon the same." The second section provides "that all 
lands, exclusive of timber lands and mineral lands, which will not, with- 
out artificial irrigation, produce some agricultural crop, shall be deemed 
desert lands within the meaning of this act," and the third section pro- 
vides that " thisactshall only apply to and takeeffectin the States of Cal- 
ifornia, Oregon, and Nevada, and the Territories of Washington, Idaho, 



36 

Montana, Utah, Arizona, New Mexico, Wyoming, and Dakota, and the 
determination of what maybe considered desert land shall be subject to 
the decision and regulation of the Commissioner of the General Land 
Office." 

It is therefore prescribed as follows : 

First. Lands bordering upon streams, lakes, or other natural bodies 
of water, or through or upon which there is any river, stream, arroyo, 
lake, pond, body of water, or living spring, are not subject to entry 
under the desert land law until the clearest proof of their desert char- 
acter is furnished. 

Second. Lands which produce native* grasses sufficient in quantity, 
if unfed by grazing animals, to make an ordinary crop of hay in usual 
seasons are not desert lands. 

Third. Lauds which will produce an agricultural crop of any kind, in 
amount to make the cultivation reasonably remunerative, are not desert. 

Fourth. Lands containing sufficient moisture to produce a natural 
growth of trees are not to be classed as desert lands. 

1. The amount of land which may be entered by any one person under 
the desert land act Can not exceed one section, or 640 acres, which must 
be in compact form, and no person can make more than one entry. 

2. Desert land entries are not assignable, and the transfer of such en- 
tries, whether by deed, contract, or agreement, vitiates the entry. An 
entry made in the interest or for the benefit of any other person, firm, 
or corporation, or with intent that the title shall be conveyed to any 
other person, firm, or corporation, is illegal. 

3. The price at which lands may be entered under the desert land act 
is the same as under the pre-emption law, viz, single minimum lands 
at $1.25 per acre, and double minimum lands at $2.50 per acre. (Sec- 
tion 2357, Rev. Stat., Appendix No. 1.) 

4. A party desiring to avail himself of the privileges of the desert 
land act must file with the register and receiver of the proper district 
land office a declaration, under oath, setting forth that the applicant is 
a citizen of the United States or that he has declared his intention to 
become such. In the latter case a duly certified copy of his declaration 
of intention to become a citizen must be presented and filed. It must 
also be set up that the applicant has not previously exercised the right 
of entry under the provisions of this act, and that he intends to reclaim 
the tract of land aj)plied for by conducting water thereon within three 
years from date of his declaration. The declaration must also contain 
a description of the land applied for, by legal subdivision if surveyed, 
or if unsurveyed as nearly as possible without a survey, by giving, with 

. as much clearness and precision as possible, the locality ot the tract with 
reference to the already established lines of survey, or to known* and 
conspicuous landmarks, so as to admit of its being readily identified 
when the lines of survey come to be extended. 

5. Attention is called to the terms of this declaration (Form 4 — 274), 
which are such as require a personal knowledge by the entrymen of 
lands intended to be entered. The required affidavit can not be made 
by an agent nor upon information and belief, and the register and re- 
ceiver must reject all applications in which it does not appear that the 
en try man made the averments contained in the sworn declaration upon 
his own knowledge derived from a personal examination of the lands. 
The blanks in the declaration must be filled in with a full statement of 
the facts of his acquaintance with the land and how he knows its char- 
acter as alleged. Said declaration must be corroborated by the affida- 



37 

vits of two reputable witnesses who are acquainted with, the land and 
with the applicant, and who must clearly state their acquaintance with 
the premises, and the facts as to the condition and situation of the land 
upon which they base their judgment (Form 4 — 074). 

6. Applicants and witnesses must in all cases state their places of 
actual residence, their business or occupations, and their post-office ad- 
dresses. It is not sufficient to name the county and State or Territory 
where a party lives, but the town or city must be named, and if a resi- 
dence is in a city the street and number must be given. 

7. The declaration and corroborating affidavits may be made before 
either the register or receiver of the land district in which the lands are 
situated, or before the judge or clerk of a court of record of the county 
in which the lands are situated, and if the lands are in an unorganized 
county then the affidavit may be made in an adjacent county. The dep- 
ositions of applicant and witnesses in making final proof must be taken 
in the same manner; and the authority of any x>ractice or regulation 
permitting original or final desert land affidavits to be executed before 
any other officers than those named above is hereby revoked. The affi- 
davits of applicant and witnesses must in every instance either of origi- 
nal application or final proof bB made at the same time and place and 
before the same officer. 

8. When proof of the character of the land has been made as above 
required to the satisfaction of the district officers, the applicant will pay 
the receiver the sum of 25 cents.per acre where the land is single min- 
imum, and 50 cents per acre where the land is double minimum. The 
register will receive and file his declaration, and the register and re- 
ceiver will jointly issue, in duplicate, a certificate (Form 4 — 199) ac- 
knowledging the receipt of the 25 or 50 cents per acre, as the case may 
be, and the filing of the declaration. One of these duplicates will 
be delivered to applicant ; the other will be retained by the register and 
receiver with the declaration and proof. They will bear a number ac- 
cording to the order in which the certificate was issued. The register 
will keep a record of the certificates issued, showing the number, date, 
amount paid, name of applicant, and description of the land applied for 
in each case, and, in addition, he will note the same urjon his plats and 
records as in cases of ordinary entry. At the end of each month he 
will, with his regular returns, forward to the General Land Office an 
abstract of the declarations filed and certificates issued under this act 
during the month, accompanying same with the declarations and proofs 
filed and the retained copy of certificate in each case. The receiver 
will also account for the money received under this act in the usual form. 

9. Surveys of desert land claims can not be made in advance of the 
regular progress of the public surveys. After a township has been sur- 
veyed the claim must be adjusted to the lines of the survey. 

10. Persons making desert land entries must acquire a clear right to 
the use of sufficient water for the purpose of irrigating the whole of the 
land, and of keeping it permanently irrigated. A person who makes a 
desert land entry before he has secured a water right does so at his own 
risk ; and as one entry exhausts his right of entry, such right can not be 
restored or again exercised because of failure to obtain water to irrigate 
the land selected by him. 

11. The source and volume of the water supply, how acquired and 
how maintained, the carrying capacity of the ditches, and the number 
and length of all ditches on each legal subdivision of the land must be 
specifically shown. Applicant and witnesses must each state in full 



38 

what has been done in the matter of reclamation and improvement, and 
by whom, and must each answer fully and of their own personal knowl- 
edge the questions propounded in the final f)roof depositions. They 
must state specifically whether they at any time saw the land effectually 
irrigated, for without knowledge thus derived the fact of reclamation 
remains a matter of conjecture. (Case of Charles H. Schick, 5 L. D., 
151.) 

12. The whole tract and each legal subdivision for which proof is offered 
must be actually irrigated. If there are some high points or uneven 
surfaces which are practically not susceptible of irrigation, the nature, 
extent, and area of such spots must be fully stated. In this connection, 
the right of the water used, the quantity of it, the manner of its distri- 
bution, and the permanence of the supply are all to be taken into con- 
sideration. (Case of George Ramsey, 5 L. D., 120.) 

13. Before final proof shall hereafter be submitted by any person 
claiming to enter lands under the desert-land act, such person will be 
required to file a notice of intention to make such proof, which shall be 
published in the same manner as required in homestead and pre-emption 
cases. 

14. Contests may be instituted against desert land entries for illegality 
or fraud in the inception of the entry, or for failure to comply with the 
law after entry, or for any sufficient cause affecting the legality or 
validity of the claim. Contestants will be allowed a preference right of 
entry for thirty days after notice of the cancellation of the contested 
entry in the same manner as in homestead and pre-emption cases, and 
the register will give the same notice and be entitled to the same fee for 
notice as in other cases. 

15. When relinquishments of desert-land entries are filed in the local 
land office, the entries will be canceled by the register and receiver in 
the same manner as in homestead, pre-emption, and timber culture cases, 
under the first section of the act of May 14, 1880. (21 Stat., 140 ; Ap- 
pendix No. 7). 

16. Nothing herein will be construed to have a retroactive effect in 
cases where the official regulations of this Department in force at the 
date of entry were complied with. (Circular. Approved June 28, 1887 j 
5 L. D., 708). 

NOTICE TO DELINQUENT CLAIMANTS. 

In a number of cases persons who have initiated titles to public lands 
under the desert-land act of March 3, 1877, have allowed the limitation 
provided by the statute to expire without making the final proof of rec- 
lamation of the land and the final payment as required by that act ; 
therefore, in all such cases as now exist or as may hereafter exist, the 
registers or receivers will notify the parties of their non-compliance with 
the law, and that ninety days from date of service of notice will be al- 
lowed to each of them within which to show cause why their claims 
.should not be declared forfeited and their entries canceled. 

At the expiration of that time the registers or receivers will report the 
reasons given, or in case of failure, report that fact, so that in either 
-event proper action may be had by this office. % But they will in no case 
allow the lands embraced in such claims to be re-entered until they shall 
have received from this office a formal notice that the original entries 
Jhave been positively canceled. 



39 
A form of notice is appended, viz: 

A B , [Place of residence, or that being unknown, address to the post-office near 

est to the land.~\ 

Sir : You are hereby notified that the desert-land act of March 3, 1877, requires final 
proof of reclamation of the land and final payment to he made within three years 

from date of entry, and that in case of your entry No. , for — , dated , 

the time fixed by the statute has expired without the requisite proof and payment be- 
ing made by you. You will, therefore, within ninety days from date of service of this 
notice, show cause before us why your claim should not be declared forfeited and your 
entry canceled for non-compliance with the requirements of the law, so that the case 
may be reported to the Commissioner of the General Land Office for the proper ac- 
tion. 

, Register. 

[Date.] , Receiver. 



TIMBER AND STONE LANDS. 

The act of June 3, 1878 (20 Stat,, 89; Appendix No. 18), for the sale 
of timber lands in the States of California, Oregon, Nevada, and in 
Washington Territory, limits the quantity of land which may lawfully 
be acquired under the act by any one person or association to not ex- 
ceeding 160 acres. 

2. The land must be valuable chiefly for timber (or stone) and unfit 
for cultivation if the timber were removed. 

3. It must be unoffered, unreserved, unappropriated, and uninhabited, 
and without improvements (except for ditch or canal purposes), save 
such as were made by or belong to the applicant. 

4. Lands containing valuable deposits of gold, silver, cinnabar, cop- 
per, or coal are not subject to entry under this act. 

5. One entry or filing only can be allowed any person or association 
of persons. A married woman may be permitted to purchase under said 
act, provided the laws of the State or Territory in which the entry is 
made permit a married woman to purchase and hold real estate as a 
feme sole; but, in addition to the proofs already provided for, she shall 
make affidavit at the time of entry that she proposes to purchase said 
land with her separate money, in which her husband has no interest or 
claim ; that said entry is made for her sole and separate use and bene- 
fit; that she has made no contract or agreement whereby any interest 
whatever therein will inure to the benefit of her husband or any other 
person, and that she has never made an entry under said act, or derived 
or had any interest whatever, directly or indirectly, in or from a former 
entry made by any person or association of persons. 

6. A person applying to purchase a tract under the provisions of this 
act is required to make affidavit before the register or receiver that he 
has made no prior application under this act; that he is by birth or 
naturalization a citizen of the United States, or has declared his inten- 
tion to become a citizen. If native born, parole evidence to that fact 
will be sufficient; if not native born, record evidence of the prescribed 
qualification must be furnished. The affidavit must designate by legal 
subdivisions the tract which the applicant desires to purchase, setting 
forth its character as above ; stating that the same is unfit for cultiva- 
tion, and valuable chiefly for its timber or stone ; that it is uninhabited ; 
contains no mining or other improvements, except for ditch or canal 
purposes (if any exist), save such as were made by or belong to the 
applicant^ nor, as deponent verily believes, any valuable deposit of gold, 



40 

silver, cinnabar, copper, or coal ; that deponent does not apply to pur- 
chase the same on speculation, but in good faith to appropriate it to his 
own exclusive use and benefit ; and that he has not, directly or indi- 
rectly, made any agreement or contract, in any way or manner, with 
any person or persons whomsoever, by which the title he may acquire 
irom the Government of the United States shall inure in whole or in 
part to the benefit of any person except himself. 

7. Every person swearing falsely to any such affidavit is guilty of 
perjury, and will be punished as provided by law for such offense. In 
addition thereto, the money that may be paid for the land is forfeited, 
and all conveyances of the land, or of any right, title, or claim thereto, 
are absolutely null and void as against the United States. 

8. The sworn statement before the register and receiver required as 
above (section 2 of the act) must be made upon the personal knowledge 
of applicant, except in the particulars in which the statute provides 
that the affidavit may be made upon information and belief. 

9. The register or receiver will in every case read this affidavit to 
applicant, or cause it to be read to him in their presence, before he is 
sworn or his signature is attached thereto. 

10. The published notice required by the third section of the act must 
state the time and place when, and name the officer before whom, the 
party intends to offer proof, which must be after the expiration of the 
sixty days of publication, and before ninety days from the date of the 
published notice. "Where proof is not made before the expiration of 
said ninety days the register and receiver will cancel the filing upon 
their records and notify this office accordingly, as prescribed by in- 
structions of circular of May 1, 1880. (Copp's Land Owner, vol. 7, p. 52.) 

11. The evidence to be furnished to the satisfaction of the register 
and receiver at time of entry, as required by the third section of the 
act, must be taken before the register or receiver, and will consist of 
the testimony of claimant, corroborated by the testimony of two disin- 
terested witnesses. The testimony will be reduced to writing by the 
register or receiver upon the blanks provided for the purpose, after 
verbally propounding the questions set forth in the printed forms. The 
accuracy of affiant's information and the bona tides of the entry must 
be tested by close and sufficient oral examination. The register and 
receiver will especially direct such examination to ascertain whether 
the entry is made in good faith for the appropriation of the land to the 
entryman's own use, and not for sale or speculation, and whether he has 
conveyed the land or his right thereto, or agreed to make any such 
conveyance, or whether he has directly or indirectly entered into any 
contract or agreement in any maimer with any person or persons whom- 
soever by which the title that may be acquired by the entry shall inure, 
in whole or in part, to the benefit of any person or persons except him- 
self. They will certify to the fact of such oral examination, its suffi- 
ciency, and their satisfaction therewith. 

12. Attention is called to the instructions of this office of August 19, 
188'4, addressed to the register and receiver at Humboldt, Cal. (3 L. IX, 
84), in respect to scrutiny of applications and entries, the examination 
of parties and witnesses, and the duty of the local officers in accepting, 
rejecting, and reporting such applications and entries ; and all registers 
and receivers will strictly follow and be governed by said instructions. 

13. The entire proof must be taken at one and the same time, and 
payment must be made at the time of offering proof.. Proofs will in no 
case be accepted in the absence of a tender of the money ; and the reg- 
ister's certificate will in no case be given to the party or his attorney, 



41 

but must be handed directly to the receiver by the register ; and no 
note will be made upon the plats or tract books until the receiver's re- 
ceipt has been issued. The proof, certificate, and receipt must in all 
cases bear even date. 

14. When an adverse claim, or any protest against accepting proof 
or allowing an entry, is filed before final certificate has been issued, the 
register and receiver will at once order a hearing, and will allow no entry 
until after their written determination upon such hearing has been ren- 
dered. They will report their final action in all protest and contest 
cases, arid transmit the papers to this office. 

15. After certificate has been issued, contest, applications, and pro- 
tests will be submitted to this office as in other cases of contest after 
final entry. 

16. Contests may be brought against timber and stone land applica- 
tions or entries, in accordance with rale one of rules of practice, 
either by an adverse claimant or by any other person, and for any 
sufficient cause affecting the legality or validity of the filing, entry, or 
claim. 

17. In case of an association of persons making application for an 
entry under this act, each of the persons must prove the requisite qual- 
ifications, and their names must appear in the sworn statement, as in 
case of an individual person. They must also unite in the regular ap- 
plication for entry, which will be made in their joint names as in other 
cases of joint cash entry. The forms prescribed for cases of applica- 
tions by individual persons may be adapted for use in applications of 
this class, and the sworn statement as to the character of the land may 
be made by one member of the association upon his personal knowledge. 

18. No person who has made an individual entry or application can 
thereafter make one as a member of an association, nor can any mem- 
ber of an association making an entry or application, be allowed there- 
after to make an individual entry or application. 

19. Applicants to make timber-land entries, and claimants and wit- 
nesses making final proof, must in all cases state their places of actual 
residence, their business or occupation, and their post-office address. It 
is not sufficient to name the county and State or Territory where a party 
lives, but the town or city must be named, and if residence is in a city 
the street or number must be given. 

A strict compliance with the foregoing regulations is required. (Cir- 
cular approved July 16, 1887 ; 6 L. D., 114.) 



SALINE LANDS. 

Congress passed an act January 12, 1877 (19 Stat., 221 ; Appendix 
No. 20), providing for the sale of saline lands in certain States. (Morton 
v. Nebraska, 21 Wallace, 660.) 

DETERMINATION OF THE CHARACTER OF THE LANDS. 

Should prima facie evidence that certain tracts are saline in character, 
be filed with the register and receiver of the proper land district, they 
will designate a time for a hearing at their office, and give notice to all 
parties in interest, in order that they may have ample opportunity to, 
be present with their witnesses. Such witnesses will be examined in 
regard to the saline deposits upon the given tracts, and whether the 



42 

same are claimed by any person ; if so, the names of the claimants and 
the extent of their improvements must he shown. 

The witnesses should be thoroughly examined as to the true character 
of the land in other respects ; .its agricultural capacities ; what kind of 
crops, if any, have been raised thereon, or can be raised from land of 
such character; whether it contains any valuable deposit of mineral of 
any kind, or of coal. In short, the testimony should be as complete as 
possible; and in addition to the points indicated above, everything of 
importance bearing upon the character of the land should be elicited 
at the hearing. 

The testimony taken at the hearing will be transmitted to the General 
Land Office by the register and receiver, with their opinion thereon. 
When the case comes before the General Land Office such a decision will 
be rendered in regard to the character of the land as the facts may 
warrant. 

DISPOSAL OF SALINE LANDS. 

Should the tracts be adjudged saline lands the register and receiver 
will be instructed to offer the same for sale, after public notice, at the 
local land office of the district in which the same shall be situated, and 
to sell said tract or tracts to the highest bidder for cash, at a price not 
less than $1.25 per acre. 

In case said lands should not be sold when so offered, they will be sub- 
ject to private sale for cash, at a price not less than $1.25 per acre, in the 
same manner as other public lands. 

Should the tract in question be adjudged agricultural or mineral, it 
will be subject to disposal as such. 

The provisions of this act do not apply to any lands within the Ter- 
ritories, nor to any within the States of Mississippi, Louisiana, Florida, 
California, or Nevada, none of which have had a grant of salines by act 
of Congress. 



GENERAL RULES APPLICABLE TO DIFFERENT CLASSES OF 

ENTRIES. 

1. Applicants to make entries, and claimants and witnesses making 
final proof, must in all cases state their place of actual residence, their 
business or occupation, and their post-office address. It is not sufficient 
to name the county and State or Territory where a party lives, but the 
town or city must be named, and if residence is in a city the street or 
number must be given. 

2. Where the residence of a party or witness is on surveyed land the 
subdivision, section, township, and range must be stated in every case. 

3. Notice by registered letter directed to claimant's last-known post- 
office address is the prescribed means of giving legal notice to him of 
official action taken in respect to his entry, either before or after proof. 
(Circular approved October 28, 1886, 5 L. I)., 204.) Claimants and en- 
trymen should therefore give prompt notice to the register and receiver 
of any change of residence or post-office address. 

PUBLICATION OF NOTICE OF FINAL PROOF. 

. 4. Any claimant desiring to make final proof of having complied 
with the provisions of law in respect to residence, cultivation, or im- 
provement must first file with the register of the proper land office a 



43 

written notice of his intention to do so, which notice must be transmit- 
ted by the register and receiver to this office, with the proof. Tbe no- 
tice must describe the land claimed, and the claimant must give the 
names and residences of the witnesses by whom the necessary facts as 
to settlement, residence, cultivation, etc., are to be established. He 
must also state the day when, the place where, and the officer before 
whom, the proof is to be taken. 

5. The filing of notice of intention to make proof must be accompa- 
nied by, a deposit of sufficient money to pay the cost of publishing the 
notice to be given by the register. 

6. Upon the filing of the notice by the applicant the register will pub- 
lish a notice that such application has been made, once each week for 
a period of thirty days, in a newspaper which he shall designate, by an 
order written on said application, as published nearest the land de- 
scribed in the application, and he shall also .post said notice in some 
conspicuous place in his office for the same period. If published in a 
weekly paper a compliance with the law will require tlie notice to be 
published weekly six times, as there must be thirty days between the 
first and last publications. 

7. The notice to be given by the register must state that application 
to make final proof has been filed ; the name of the applicant ; the kind 
of entry, whether homestead or pre-emption ; a description of the land, 
and the names and residences of the witnesses as stated in the appli- 
cation ; also the day. when, the place where, and the officer before 
whom, the proof is to be taken. (See Form 4 — 347.) 

8. To save expense, the register may embrace two or more cases in 
one publication, when it can be done consistently with the legal re- 
quirements of publication, in a newspaper published nearest the land 
(as per Form 4 — 347). 

9. Publishers should cause each proof notice to be carefully read by 
copy, and should send at least one copy of the paper containing the 
notice to the party in interest. This course will avoid errors or secure 
their correction in proper time. 

10. Proof of publication will be the affidavit of the publisher or fore- 
man of the newspaper employed that the notice (a copy of which notice 
must be annexed to the affidavit) was published in said newspaper 
once a week (if a weekly paper) for six successive weeks, or for thirty days 
in a daily paper, as the case may be. Such affidavit must show that 
the notice was. published in the regular and entire issue of every num- 
ber of the paper during the period and time of publication, and that 
the notice was published in the newspaper proper and not in a supple- 
ment. Affidavits of publication not in conformity with these require- 
ments will be rejected by the register and receiver. 

11. Proof of posting notice in the district land office will be the cer- 
tificate of the register that tbe notice of the aijplication (a copy of 
which should be annexed to the certificate) was posted by him in a 
conspicuous place in his office for a period of thirtv days. (Form 4 — ' 
227.) 

12. The proof of the publication and posting of the notice must be 
filed and preserved by the register, to be forwarded to the General Land 
Office with the final papers when issued. 

13. Proof should in every case be made at the time and place ad- 
vertised, and before the officer named in the notice. On the day ad- 
vertised, the officer named in the notice should call the case for hearing, 
and should the claimant fail to appear the officer should continue the case 
until the next day, and on that day or on any succeeding day, should 



44 

the claimant fail to appear, proceed in like manner until the expiration 
of ten days from the day advertised, after which the proof, if presented, 
should not be received. Proper notice should be given of the contin- 
uances made, in the most effective way the circumstances admit of, to 
any parties interested. Parties proposing to cross-examine claimant's 
witnesses or submit rebutting testimony will be allowed to do so on 
the day advertised, in case of the appearance of the claimant and his 
proof being made on that day. In case of bis non-appearance, pro- 
tests or affidavits of contest may be filed, and if a sufficient ground of 
objection is set forth therein the protestant, adverse claimant, or con- 
testant may appear at any subsequent day to which the case may be 
adjourned, with the same rights of cross-examination and of submitting 
rebutting testimony as if the appearance had been made on the day ad- 
vertised, should he so elect, and if he should not do so, the register and 
receiver of the proper district land office will take measures to secure 
the protestant, contestant, or adverse claimant an opportunity to be 
heard, on the grounds of objection presented, after due notice to all par- 
ties according to rules of practice before allowing final entry to be made; 
and the appearance of the protestant or adverse claimant, or filing of 
protest or contest affidavit, on the day advertised, or on any day to 
which the case may be continued as above, will suffice to protect their 
rights in the premises as fully as though both parties had appeared and 
the proof been taken on the day advertised. The proceedings had should 
be duly docketed, and be made to appear by proper entries on the 
proof papers, to which any protest or contest affidavit filed should be 
attached, by the officer named in the notice. The witnesses to the 
proofs must be two of the persons named as witnesses in the notices. 
Other persons can not be substituted as witnesses without re-advertise- 
ment. 

DUTIES OF ATTESTING OFFICERS. 

14. Where proof is made before the judge or clerk of court (as the 
case may be), the affidavits and testimony must be duly authenticated 
by the seal ot the court and transmitted to the register and receiver, to- 
gether with the fees and charges allowed by law to them. The author- 
ized fees are the regular fees and commissions, and, in addition thereto, 
in homestead "five-year" proof, under act of March 3, 1877 (Appendix, 
No. 3), the legal fee for "examining and approving 77 the testimony, 
which is 15 cents (and in the Pacific States and Territories 22J cents) for 
each one hundred written words. Printed words are not to be counted. 

15. When the land is within an unorganized county the fact that the 
county in which the land lies is unorganized and that the county in 
which the proof is made is adjacent thereto must be certified by the 
attesting officer. 

16. Attesting officers must sign in their true official capacity. If 
proof is taken by a judge in his capacity as clerk of his own court he 
should sign as u ex-officio clerk.' 7 

17. Eegisters and receivers, and judges and clerks of courts taking 
proofs, are enjoined to use the utmost strictness in the examination of 
parties and witnesses, and to obtain full, specific, and unevasive an- 
swers to all the questions propounded in the new forms, and all neces- 
sary oral cross-examinations will be made by attesting officers to fur- 
ther attest the good faith of claimants and the reliability of the testi- 
mony of claimants and witnesses. Officers will certify to their oral 
cross-examinations. 

18. Eegisters and receivers will carefully examine all proofs trans- 
mitted to them by other officers, and will not issue certificates, nor 



45 

place entries on record, nor transmit the proofs to this office until the 
same have been thus examined. Defective, insufficient, or unsatisfac- 
tory proofs will be rejected and new proof required. 

19. Proofs taken by other officers than registers and receivers must 
be immediately transmitted to the register and receiver and the money 
paid to the latter. When any interval of time, other than that required 
for immediate and expeditious transmittal, elapses between date of 
proof and date of its receipt, with the money, at the district land office, 
a new affidavit, duly corroborated, showing non-alienation and continued 
residence, covering da^e of receipt of proof and payment by the register 
and receiver will be required before certificate is issued or the entry 
placed of record. 

Proof without payment must in no case be accepted or received by 
registers and receivers. If, however, this should occur by inadvertence 
in any case, additional evidence as above should be at once required of 
the claimant before allowing entry. 

All discrepancies between date of proof and date of register's certi- 
ficate and receiver's receipt must be accounted for by certificate from 
the register and receiver attached to each case. 

20. As settlers on unsurveyed lands are allowed three months after 
the filing of the township plat of survey within which to put their 
claims on record, no- final proof on homestead or pre-emption entries 
should be permitted until after the expiration of said three months. 

CITIZENSHIP AND NATURALIZATION. 

21. Parties should in all cases of application to make entry and in 
final proof state distinctly whether they are native-born or naturalized 
citizens. If naturalized, evidence of naturalization should be filed with 
the original entry application. If not naturalized, evidence of declara- 
tion of intention should be filed at the time the first entry or applica- 
tion is made. 

The certification of naturalization papers or other court records should 
be received only when made under the hand and seal of the clerk of the 
court in which such papers appear of record, but where a judicial record 
is shown to have existed and is now lost or destroyed, proof of the same 
may be made by secondary evidence, in accordance with the rules of evi- 
dence governing such proof. 

CONTIGUITY OP LANDS. 

22. Entries of public lands must be made by legal subdivisions ac- 
cording to the public surveys, and if different tracts are taken to make 
up the full quantity allowed or intended to be entered in pre-emption, 
homestead, timber culture, and other classes of entries, the tracts must 
be contiguous to each other, so as to form one body of land. 

LANDS IN THE POSSESSION OF INDIAN OCCUPANTS. 

23. No entries will be allowed upon lands in the possession, occupation, 
and use of Indian inhabitants, or covered by their homes and improve- 
ments ; and registers and receivers are required to exercise everj 7 care 
and precaution to prevent the inadvertent allowance of any such en- 
tries. It is presumed that they know or can ascertain the localities of 
Indian possession and occupancy in their respective districts, and it is 
their duty to do so, and to avail themselves of all information furnished 
by officers of the Indian service. (Circular October 26, 1887.) 



46 

24.— INSTRUCTIONS TO REGISTERS AND RECEIVERS FOR TAKING AND 

PASSING ON FINAL PROOF. 

Rule 1. — Premature Final Proof* 

Reject all final proofs prematurely made, viz : 
In pre-emptions and commuted homesteads — 

Before the expiration of six months from date of establishing a bona fide res- 
idence. 
In final homesteads — 

Before the expiration of five years from date of entry, except — 

1. Where residence is allowed before entry. (Act June 14, 1878; act May 

14,1880.) 

2. Where credit is allowed for military or naval service. (Sees. 2304,2305, 

2306, and 2291, Rev. Stat.) 
In timber cultures — 

1. Before the expiration of eight years from date of entry. 

2. Before the expiration of eight years from the date when the total number 

of trees, seeds, and cuttings required by law are planted. (Circular 
July 12, 1887, sec. 23.) 
In timber and stone entries — 

Before the expiration of sixty days' publication, as required by law (ten 
weekly insertions). (20 Stat., 89, sec. 3 ; 2 L. D., 709 ; 4 L. D.,* 282.) 
In all cases — 

Before the expiration of the time of publication and the day fixed. (See 
Rule 3.) 

Rule 2. — Lapsed Final Proof. 

When final proof is taken (or offered) after lapse of statutory period, viz : 
In final homesteads — 

After seven years from date of entry. 
In timber cultures — 

After thirteen years from date of entry. 
In desert entries- 
After three years from date of entry. 
Require affidavit of party making proof of real cause of delay, withhold certificate, 
and forward all papers to this office for action. 

Note. — In pre-emption and commuted homesteads the above rule does not apply. 
Rule 3.— Published Notice of Final Proof. 

(The register alone is responsible for the correctness of published notice. Act March 

3,1879.) 
Thirty days' publication of notice (six weekly insertions) of intention to make 
proof is required in — 
Pre-emptions, commuted homesteads, and final homesteads. (Act March 3, 1879 ; 

circular March 20, 1883. ) 
Timber cultures. (Circular July 12, 1887, sec. 23.) 
Desert entries. (Circular June 28, 1887, sec. 13.) 
Town-sites. (Circular July 9, 1886, sec. 12.) 
Sixty days in timber and stone entries (ten weekly insertions). (Circular July 16, 
1887, sec. 10.) 
The notice must contain — 

(a) Correct description of land sought to be entered, and kind of entry to be 

made. (Act March 3, 1879.) 
(&) Correct names of witnesses and post-office address. (Act March 3, 1879.) 

(c) The exact day (not a holiday) when, and 

(d) The exact place where proof is to be taken. 

(e) The officer's name and official designation who is to take proof. 

(c) (d) (e) Jacob Semer case, 6 L. D., 345 ; Lent case, 6 L. D., 110 ; Sherlock case, 
6L. D.,155. 

Note. — (c) (d) (e) must be unambiguous and not alternative, as in the Jacob Semer 
case (6 L. D.,345), viz, " before a judge or clerk of court of record." 

Note 2. — All proof must be taken before the same officer, provided pending cases 
and those wherein notice of intention to submit proof has been published under a, 
different practice will not bo affected by this requirement. 



47 

Rule 4.— Officers authorized to take Final Proof. 

In pre-emptions and commuted homesteads — 
Register or receiver. 
Clerk of county court. 

Clerk of court of record. (21 Stat., 169; circular, March 30, 1886.) 
In timber culture and desert entries — 
Register or receiver. 

Judge or clerk of court of record. (Timber culture circular, June 12, 1887, sec. 
24; desert circular, June 28, 1887, sec. 7.) 
In final homesteads — 
Register or receiver. 

Judge of court of record. • 

Clerk of court of record only when judge is absent. This fact must be certified 
by clerk. (Act March 3, 1877.)" 
In timber and stone entries and town-sites — 

Register or receiver alone can take the proof. (Timber and stone circular, July 
16, 1"87, sec. 11; Rev. Stats., 2387; town-site circular. July 9, 1886.) 
Note. — Judges and notaries public can not take pre-emption and commuted home- 
stead proof, except probate judges, who are ex officio their own clerks, and so cer- 
tify. (Circular, October 27, 1884; 3 L. D., 154; circular, March 30, 1886.) 
Judges, clerks, and notaries can not take proof in timber and stone entries. 
Clerks can not take final homestead proof unless judge is absent and they so 
certify. 

Rule 5. 

Registers and receivers will approve no case, neither accept payment nor issue 
final certificate and receipt thereon, until the foregoing requirements are complied 
with, provided in exceptional cases of hardship, when non-compliance is no fault of 
claimant and his good faith appears, and no one protests against the entry, you will 
withhold certificate and receipt and forward papers and explanatory affidavits to 
this office by special letter for instructions. 

t 

Iu every case of final entry allowed the register and receiver will 
fill up and forward, with their returns therefor, to the General Land 
Office, a brief special report, to be filled out on a printed card, accord- 
ing to prescribed forms, of which blanks will be furnished them for such 
use, said report to be placed on the outside of final entry papers in the 
form of a wrapper. 

The forms of said reports are as follows : 

PRE-EMPTIONS AND COMMUTED HOMESTEADS. 

Register and Receiver's Report. 

Entry No. — District . 



(1) Was proof prematurely made? — Ans. . (See Instructions 1.) 

(2) State number weekly insertions of published notice . — Ans. 



Was notice definite as to time, place, and officer to take the proof? — Ans. . 

Was proof taken — 

(a) By officer advertised ? — Ans. . 

(&) On day advertised ? — Ans. . 

(c) At place advertised? — Ans. . 

Was land properly described in published notice? — Ans. . 

Were names of witnesses properly published? — Ans. . (See Instructions 3.) 

(3) Was officer legally qualified to take the proof ? — Ans. — . (See Instructions 4.) 

(4) Was all the proof taken before same officer? — Ans. . (See Circular March 

30, 1886.) 

(5) Has he properly signed and attested the proof papers ? — Ans. . 

(6) Have you signed all necessary papers ? — Ans. . 

(7) Are names of claimant and witnesses properly signed to all the papers ? — Ans. . 

(8) Do they agree with published notice ? — Ans. . 

(9) Have you compared description and names in the original proof and final entry 

papers and found them correct ? — Ans. , 



48 

(10) Are proof of publication and posting of notice correct? — Ans. . (No inter- 

lineations or erasures of published notice will be permitted. See Fernandez, 6 
L. D., 379.) 

(11) Are any papers lost, not dated, not signed or sealed, if necessary ? — Ans. . 

(12) Was any witness substituted ? — Ans. . 

(13) Are all absences fully explained? — Ans. . 

(14) If claimant naturalized, are original papers furnished? — Ans. 



If not, did officer taking proof certify a copy of original papers (not a copy of a 
copy) ? — Ans. . 

Note. — If right is based on military service, forward evidence of same. 

(15) If. proof taken by register and receiver, did certificate issue same date of proof 

and payment ? — Ans. . 

(16)* If not, did you apply Rule 8, Circular January 2, 1889, printed below ? — 

Ans. . (See subdivision 19, " Duties of Attesting Officers," p. 45.) 

(Rules 8 and 9 apply only to Pre-emption and Commuted Homestead proof.) 

(17) If proof not taken before register and receiver, did certificate issue within 

fifteen days thereafter ? — Ans. . (General Land Office Regulation.) 

(18) If not, did you apply Rule 9, printed below ? — Ans. . (See subdivision 19, 

11 Duties of Attesting Officers," p. 45.) 
(Rules 8 and 9 apply ouly to pre-emption and commuted homestead proof.) 

(19) Have you any doubt of claimant's having complied in good faith with the law ? 

— Ans. . 

(20) Have you any reliable information outside of the record which casts suspicion 

on this entry ? — Ans. . 

CERTIFICATE. 

We, the undersigned register and receiver, hereby certify that the foregoing report 
was made after careful examination, and that the same is correct. 

, Eegister. 

— , Receiver. 

,18-. 

Department of the Interior. 

General Land Office, 
Washington, D. C, January 2, 1889. 

Rule VIII and Rule XI of the circular of February 19, 1887, approved February 21, 
1887, are hereby modified to read as follows, A r iz: 

VIII. When proof is made before the register and receiver, and the final certifi- 
cate does not bear the date of the proof, require of the register and receiver an ex- 
planation thereof, and if the delay was caused by a failure to tender the money or 
other consideration at the time of making the proof, require additional evidence to 
show that the claimant had not, at the date of the certificate, transferred the land, 
and that he still continued to reside thereon, which evidence may consist of the claim- 
ant's affidavit corroborated by the affidavits of witnesses, taken before some officer 
authorized to administer oaths. 

IX. When proof is made before any other officer than the register or receiver, al- 
low a reasonable time for a prompt transmission of the papers to the district land 
office, and if any longer interval is shown between date of proof and date of certifi- 
cate (if proof is otherwise sufficient) require of the register and receiver an explana- 
tion thereof, and if such delay was caused by the fault of the claimant, require the 
same additional evidence as prescribed under Rule VIII. 

S. M. Stockslager, 

Commissioner. 
Approved : 

Wm. F. Vilas, 

Secretary. 



TIMBER AND STONE. 

Register and Receiver's Report. 
F. C. . District 



(1) Was proof made within ninety days from date of published notice ? — Ans. . 

(See T. & S. Circular, July 16, 1887, sec. 10.) 

(2) Were there ten consecutive weekly insertions of published notice before proof? — 

Ans. . 

(3) Was notice definite as to time, place, and officer to take the proof? — Ans. . 



49 

(4) Was land ^properly described in published notice ? — Ans. . 

(5) Was proof taken — 

(a) By register and receiver as advertised ? — Ans. . 

(b) On day advertised. — Ans. . 

(6) Was payment made at the time proof was offered ? — Ans. . 

(7) Do proof, receipt, and certificate bear even date? — Ans. . 

(8) Are all questions in proof satisfactorily answered by claimant and witnesses ? — 

Ans. . 

(9) Have they properly signed all necessary papers ? — Ans. . 

(10) Have you signed and filled out all necessary papers? — Ans. . 

(11) Have you compared names and descriptions in sworn statement, published 

notice, final proof, and entry papers and found them correct ? — Ans. . 

(12) Are proof of publication and posting of notice correct? — Ans. . (No inter- 

. lineation or erasures of published notice will be permitted. See Fernandez, 6 

L. D., 379.) 

(13) If claimant is a married woman, have you required the proper affidavits? — 

Ans. . (SeeT. &, S. Circular, July 16, 1887, sec. 5.) 

(14) If claimant naturalized, have you the original or certified a copy of original 

papers (not a copy of a copy)? — Ans. . 

(15) Are any papers lost, not dated, not signed, or sealed, if necessary? — Ans . 

(16) Do all the papers clearly show this to be timber or stone land within the mean- 

ing of the statutes ? — Ans. — . 

(17) Have you any information which leads you to believe the contrary ? — Ans. — . 

(18) Have you any personal or official information, outside of the proof papers, raising 

doubt or suspicion in your mind as to claimant's good faith in acquiring this 

land for his own use and not as an agent for the benefit of others? — Ans. — . 

(See Instructions, August 19, 1884, 3 L. D., 84.) 

We, the undersigned register and receiver, hereby certify that the foregoing report 
was made after careful examination, and that the same is correct. 



, Register. 

, Receiver. 

■, 188-. 



FINAL HOMESTEADS. 
Register and Receiver's Report. 

H. E. F. C. . District - 

(1) Was proof prematurely made? — Ans. . (See Instructions 1.) 

(2) Was proof made after seven years from date of entry ? — Ans. 

If so, did you apply Instructions 2 ? 

(3) State number of weekly insertions of published notice — Ans. 



Was notice definite as to time, place, and officer to take the proof? — Ans. . 

Was proof taken — 

(a) By officer advertised ? — Ans. . 

(&) On day advertised ? — Ans. — . 

(c) At place advertised ? — Ans. . 

Was land properly described in published notice ? — Ans. . 

Were names of witnesses properly published ? — Ans. . (See Instructions 3.) 

(4) Was officer legally qualified to take the proof? — Ans. . (See Instructions 4.) 

(5) Was all the proof taken before same officer ? — Ans. 



(6) Has he properly signed and attested the proof papers? — Ans. . 

(7) Have you signed all necessary papers ? — Ans. . 

(8) Are names of claimant and witnesses properly signed to all the papers ? — Ans. 

(9) Do they agree with published notice ? — Ans. . 

(10) Have you compared description and names in the original proof and final entry 

papers and found them correct ? — Ans. . 

(11) Areproof of publication and posting of notice correct ? — Ans. . (No inter- 

lineations or erasures of published notice will be permitted. See Fernandez, 
6L. D., 379.) 

(12) Are any papers lost, not dated, not signed or sealed, if necessary ? — Ans. . 

(13) Was any witness substituted ? — Ans. . 

(14) Are all absences fully explained? — Ans. . 

14711 4 



50 

(15) If claimant fully naturalized, are original papers furnished? — Ans. 



If not, did officer taking proof certify a copy of original papers (not a copy of a 
copy) ? — Ans. 



(16) Was residence established within six months from date of entry ? — Ans. . 

If not, require reason for failure, and if sufficient excuse is given issue certifi- 
cate as in other cases. (Nilson v. Saint P., M. and M. Ey., 6. L. D., 567.) 

(17) Have you any doubt of claimant's having complied in good faith with the 

law? — Ans. . 

(18) Have you any reliable information, outside of the record,, which casts suspicion 

on this entry ? — Ans. . 

We, the undersigned register and receiver, hereby certify that the foregoing re- 
port was made after careful examination, and that the same is correct. 

-, Begister. 

, Receiver. 

, , 188-. 



TIMBER CULTURE. 

Register and Receiver's Report. 
F. C. . District. 



(1) Was the proof prematurely made ? — Ans. . (See Instructions 1.) 

(2) Was it made after thirteen^years from date of entry ?— Ans. . (See Instruc- 

tions 2.) 

(3) Does entry form a compact body of 160 acres in one section ? — Ans. . 

(4) State number of weekly insertions of published notice. — Ans. . 

Was notice definite as to time, place, and officer to take the proof? — Ans. . 

Was proof taken — 

(a) By officer advertised ? — Ads. . 

(b) On day advertised ? — Ans. . 

(c) At place advertised ? — Ans. . 

Was land properly described in published notice ? — Ans. . (See Instruc- 
tions 3.) 

(5) Was officer legally qualified to take the proof ? — Ans. — . (See Instruc- 

tions 4.) 

(6) Was all the proof taken before same officer ? — Ans. . 

(7) Ha3 he properly signed and attested the proof papers ? — Ans. . 

(8) Have you filled out and signed all necessary papers ? — Ans. 



(9) Are names of claimant and witnesses properly signed to all the papers ? — 
Ans. . 

(10) Do they agree with published notice ? — Ans. 






(11) Have you compared descriptions and names in the application, proof, and final 

entry papers and found them correct ? — Ans. . 

(12) Are proof of publication and posting of notice correct ? — Ans. . (No in- 

terlineation or erasures of published notice will be permitted. See Fernandez, 
6L. D., 379.) 

(13) Are any papers lost, not dated, not signed or sealed, if necessary f — Ans. . 

(14) Are original and non-mineral affidavits made by claimant individually and on 

personal knowledge com-ct? — Ans. . 

(15) If claimant naturalized, have you the original or certified copy of original pa- 

pers (not a copy of a copy) ? — Ans. . 

(16) Have you any doubt — 

(a) That this land is subject to timber-culture entry under the law? 

(6) That claimant has fully complied with the law as to the proper planting, 

cultivation, aud condition of the required number of trees to date of 

this proof? — Ans. . 

We, the undersigned register and receiver, hereby certify that the foregoing report 
was made after careful examination, and that the same is correct. 

, Register. 

— . Receiver, 

-, X88-, 



51 

DESERT LAND. 
Register and Receiver's Report, 
F. C. . District 



(1) Was the final proof made after the expiration of three years from date of entry ? — 

Ans. . 

If so, did you apply Instructions 2 ? — Ans 



(2) State number of weekly insertions of published notice % — Ans. . 

(3) Was notice definite as to time, place, and officer to take the proof? — Ans. . 

Was proof taken — 

(a) By officer advertised? — Aus. . 

(&) On day advertised ? — Ans. . 

(c) At place advertised ? — Ans. . 

Was land properly described in published notice ? — Ans. . 

(4) Was land compact according to departmental construction ? — Ans. . (See 

5L.D., 429.) 

(5) Was officer legally qualified to take the proof? — Ans. . 

(6) Was all the final proof taken by same officer ? — Ans. . 

(7) Has he properly signed and attested all the proof papers ? — Ans. . 

(8) Have you signed and properly filled out all necessary papers ? — Ans. . 

(9) Are names of claimant and witnesses properly signed to all the papers ? — Ans. 

(10) Have you compared description and names in the declaratory statement, proof, 

and entry papers and found them correct ? — Ans. . 

(11) Are proof of publication and posting of notice correct ? — Ans. . (No in- 

terlineations or erasures of published notice will be permitted. See Fernandez, 
6 L. D., 379). 

(12) Are any papers lost, not dated, not signed or sealed, if necessary ? — Ans. — ; . 

(13) If claimant naturalized, have you the original or certified copy of the original 

papers (not a copy of a copy) ? — Ans. , 

(14) Have you any doubt — 

(a) Of desert character of land ? — Ans. . 

(6) Of the proper irrigation of each legal subdivision ?— Ans. . 

(c) Of validity of water right ?— Ans- 



(d) Sufficiency and permanency of water supply? — Ans. , 

(15) Have you any information, outside of the papers, casting doubt or suspicion on 
this entry ? — Ans. . 

We, the .undersigned register and receiver, do hereby certify that the foregoing 
eport was made after careful examination, and that the same is correct. 

, Eegister. 

} Receiver. 

, , 188-. 



AMENDMENTS OF APPLICATIONS AND ENTRIES. 

Applications to amend filings or entries must be filed with the reg- 
ister and receiver, and be by them transmitted for the consideration of 
the Commissioner of the General Land Office. Eegisters and receivers 
will not change an entry or filing so as to describe another tract, or 
change a date after the same has been recorded. 

A party who alleges a mistake in the description of his filing or entry 
and desires to amend or change the same so as to describe another 
tract may do so in the manner herein prescribed. 

He must file with the register and receiver a statement under oath, 
corroborated by at least two witnesses, or sustained by strong corrob- 
orating facts and circumstances, showing the nature of the alleged mis- 
take and how the same occurred, and that every reasonable precaution 
&nct exertion lja-4 been made to avoid the error, a,nd tha^ lie feas i^pt 



52 

sold, assigned, transferred, or relinquished his alleged erroneous filing 
or entry, or his claim to the land described therein, nor agreed to do so. 

He must show that the error did not result from want of a personal 
examination of the land by himself before making his filing or entry, 
and must state the date when he first examined the land he desired to 
enter and the date he commenced his settlement or improvements 
thereon, if any, and the character, extent, and value of any such im- 
provements, and how he learned that the alleged error in description 
had been made. 

The register and receiver must investigate the facts and transmit the 
evidence submitted to them in each case to the Commissioner of the 
General Land Office, together with their written opinion both as to the 
existence of the mistake and the credibility of each person testifying 
thereto and their recommendation in the matter. 

In case of an application for an entry being returned to the district 
land-office for amendment, the register and receiver should write across 
the face thereof: "Amended to [here inserting the proper description] 
as per Commissioner's letter of [here giving initial and date]." This 
notation must be signed by the entryman, after which the register and 
receiver will attest the same over their signatures aod return the appli- 
cation to this office (13 C. L. O., 205). 



RELINQUISHMENTS. 

The first section of the act of May 14, 1880 (Appendix Ho. 7), provides 
that when a pre-emption, homestead, or timber-culture claimant shall 
file a written relinquishment of his claim in the land office, the land 
covered by such claim shall be held as open to settlement and entry 
without further action on the part of the Commissioner of the General 
Land Office. 

The register will note on each relinquishment, over his signature, the 
day and hour of its receipt, and will write the words " canceled by re- 
linquishment " (giving date) opposite the record of the entry in tbe tract 
book, the register of entries, and the register of receipts, and will draw 
a line over the number of the entry on the township plat. 

On Monday of each week the register and receiver are directed to 
transmit to this office all the relinquishments accepted by them the pre- 
ceding week, classifying the same in their letter of transmittal by class 
of entry so transmitted. 

Eelinquishments run to the United States alone, and no person ob- 
tains any right to the laud by the mere purchase of a relinquishment of 
a filing or entry. 

Entries and filings made for the purpose of holding the land for spec- 
ulation and the sale of relinquishments are illegal and fraudulent, and 
every effort in the power of the Government will be exerted to prevent 
such frauds and to detect and punish the perpetrators. 

Purchasers of relinquishments of fraudulent filings or entries should 
understand that they purchase at their own risk so far as the United 
States is concerned, and must seek their own remedies under local laws 
against those who, by imposing such relinquishments upon them, have 
obtained their money without valuable consideration. 



53 



CONTESTS. 

Any person may contest a filing, entry, location, or selection made 
under any law of the United States, for any sufficient cause affecting 
the legality or validity of the same. 

Applications to contest must be filed with the register and receiver. 

An affidavit is required in each case setting forth the facts which 
constitute the grounds of contest. This affidavit should be corrobo- 
rated by the affidavits of one or more witnesses in cases where an entry 
has been allowed and remains of record. Contest affidavits may be 
made before any officer authorized to administer oaths. 

A person who contests and secures the cancellation of a pre-emption, 
homestead, timber-culture, or desert-land entry, has a preference right 
for thirty days from notice of the cancellation in which to enter the 
land. 

Where an entry exists, that is prima facie valid and an appropria- 
tion of the land, no application to enter will be received for another 
entry of the land until the existing entry is vacated by regular pro- 
ceedings, except in cases of contests under the third section of the 
timber-culture act of June 14, 1878. Where a contest with application 
to enter is admitted under said section, no other entry will be allowed, 
even after the cancellation of the contested entry, until after the con- 
testant's application is disposed of. (Pfaif v. Williams et al. 9 4 L. D., 
455.) 

In such a case on cancellation of the contested entry, should it be 
canceled, the contestant will benotified thereof and allowed thirty days 
from receipt of notice in which to perfect his application into an entry, 
with the information that in case he fails to do so within such time his 
application will be treated as abandoned, and thereafter another entry 
may be allowed by the first legal applicant. 

In case of contests not coming under said third section the land be- 
comes subject to entry again immediately after the cancellation of the 
contested entry by the first legal applicant, subject, however, to the 
preference right of the successful contestant for thirty days after no- 
tice under second section, act of May 14, 1880, and on the contestant's 
making an entry, regular in. all respects, in pursuance of a preference 
right to which he is entitled under said section, any entry allowed by 
a third party in the meantime will be subject to cancellation for conflict 
therewith, unless the intervening applicant takes issue with the con- 
testant as to the right to make entry as the result of the contest, when 
the matter will be suspended until the issue can be determined by hear- 
ing or otherwise. 

When, pending a contest, a relinquishment of his entry is filed by 
the defendant, the register and receiver should accept the relinquish- 
ment as the result of the contest and canceling the entry thereupon, 
give proper notice to the contestant, and proceed, as regards the dis- 
posing of the land, as indicated in the above, according to the nature 
of the case, whether brought under the third section act of June 14, 
1878, with application to enter, or otherwise, but inquiry may be prop- 
erly entertained on the allegation that the relinquishment was in fact 
an independent transaction and not the result of the contest, independ- 
ently of the time when the relinquishment is filed, being before or 
after the hearing. 

Contests of homestead entries on ground of abandonment can not be 
brought until after the expiration of six months from date of entry. 



Contests of timber-culture entries on ground of non-compliance with 
law can not be brought until after the expiration of the year in which 
it is alleged the failure occurred. 

Contests of desert-land entries on the ground of failure to irrigate 
and reclaim the land can not be brought until after three years from 
date of entry. 

Contests of homestead, timber-culture, and desert-land entries for 
other causes than abandonment or failure to comply with the law, can 
be brought; at any time after entry and before patent, without reference 
to the time allowed for compliance with law. 

Contests against other filings or entries for causes affecting the legal- 
ity or validity of the same, or against locations or selections of any 
character, can be brought at any time after the filing, entry, location, 
or selection has been made, and before patent has issued. 

On a contest being brought, the officers will set apart a day for hear- 
ing, giving all the parties in interest due notice of the time and place 
of trial. 

In cases of inability to make personal service of the notice, and when 
it becomes necessary to serve it by publication, the act of Congress of 
June 3, 1878, directs that the same shall " be printed in some news- 
paper printed in the county where the land in contest lies; and if no 
newspaper be printed in such county, then in the newspaper printed in 
the county nearest to such land.' 7 

The proceedings in such cases are governed by the rules of practice 
approved August 13, 1885, which are given in a separate circular. 

SPECULATIVE AND COLLUSIVE CONTESTS. 

No preference right of entry can be -acquired through a contest 
which is shown by the evidence not to have been prosecuted in good 
faith. (Dayton v. Dayton, 6 L. D., 164.) 



LAND PATENTS. 

Patents for lauds entered or located under general laws can be issued 
only in the name of the party making the entry or location, or, in case 
of his death before making proof, to the statutory successor making 
the proof, as provided by law. 

The recitals and description of land in patents will in all cases follow 
the register's certificate of entry or location, as prescribed by law. 

When patents are ready for delivery they will in all cases be transmitted 
to the local office at which the location or entry was made for delivery 
to the party entitled thereto, unless proper authority for the delivery 
otherwise shall have previously been filed in the General Land Office. 

The duplicate receipt or certificate, as the case may be, should be 
surrendered, or its loss accounted for by sufficient affidavit prior to de- 
livery of the patent. 



STATES IN WHICH THERE ARE NO DISTRICT LAND OFFICES. 

Any vacant tracts of public land in Ohio, Indiana, and Illinois, States 
in which there are no land offices, may, under the act of March 3, 1877 
(19 Stat., 315), a be entered at the General Land Office, subject to the 
provisions of law touching the entry of public lands, and the necessary 



55 

proofs anc? affidavits required in such cases may be made before some 
officer competent to administer oaths, whose official character shall be 
duly certified by the clerk of a court of record, and moneys received by 
the Commissioner of the General Land Office for lands entered by cash 
entry shall be covered into the Treasury.' 7 In carrying into effect the 
provisions of this act the following method will be observed : 

A clerk has been designated by the Commissioner to receive and act 
upon the applications which may be offered for such entries, and to have 
charge of the correspondence connected therewith. All moneys re- 
ceived go into the charge of the receiving clerk (designated under sec- 
tion 461 of the Kevised Statutes, Appendix No. 1), and any moneys 
found to belong to the United States on the cases being finally passed 
upon are turned over to the Treasury according to law. 

Applications will be immediately entered in a preliminary abstract for 
each State in the order in which they are received; will be carefully ex- 
amined in connection with the plats, files, and records, and admitted or 
rejected, according to the law and instructions governing the case. From 
such preliminary abstracts the admitted applications will be carried to 
a regular monthly abstract, and the proper certificates and receipts will 
be issued by the Commissioner, acting as ex-officio register and receiver. 
The entries thus admitted will be properly posted in the tract books, 
and the papers therefor placed on file, for such further action as may be 
necessary. These entries will be numbered consecutively in continua- 
tion of the series entered upon at the respective district offices. The 
applicants will be promptly advised of the result of the examination, 
and, where the desired entries are admitted, will be furnished with the 
appropriate paper, to be held as evidence of title until the delivery of 
the patents. 

In case of conflicting applications, that which is first received will be 
first acted upon, as above directed, and will be considered as giving the 
applicant the legal right to the tract applied for^ if unexceptionable in 
other respects. 



REJECTED APPLICATIONS TO MAKE ENTRY. 

Where an application to file for or enter public land is refused by the 
register and receiver they must notify the applicant of the rejection of 
the application and the cause thereof, and that he is allowed thirty days 
for appeal to the Commissioner of the General Land Office. Kejected ap- 
plications will be retained by the register and receiver on the files of 
their office. (13 Oopp's L. O., 243.) 

When notice of rejection is sent through the mails, five days will be 
allowed for the transmission of the notice, and five days for the trans- 
mission of an appeal, making forty days in all from the issue of notice 
in which to place the appeal on file in the district land office. 



APPEALS. 



Appeals must be in writing and be filed in the district land office. 
An appeal should state as plainly as possible the ground of objection to 
the decision appealed from. The register and receiver will at once 
transmit the appeal to the General Land Office. No appeal from the 
decision of the local land office will be received at the General Land 



56 

Office unless forwarded through the local officers in the manner herein 
prescribed. 

REPORT OF REGISTER AND RECEIVER. 

The appeal should be accompanied by a report upon the case by the 
register and receiver. This report should recite the proceedings had, to 
wit : The application and rejection, with the reasons therefor ; the status 
of the tract involved, as shown by the records of the office, together 
with a reference to all entries, filings, annotations, memoranda, and 
correspondence shown by such record relating thereto, so as to direct 
the attention of the Commissioner to all the material facts and issues 
necessary to a proper determination of the questions presented. 

The report should be forwarded at once upon the filing of the appeal, 
except in contested cases after regular hearing, when, unless all parties 
request its earlier transmission, it should not be made until the expira- 
tion of the thirty days included in the notice, in order that all parties 
may have full opportunity to examine the record and prepare their ar- 
guments upon the questions at issue. 

All documents once received must be kept on file with the cases, and 
no papers will be allowed under any circumstances to be removed from 
such files or taken from the custody of the register and receiver ; but 
access to the same, under proper rules, so as not to interfere with nec- 
essary public business, should be permitted to the parties in interest, 
under the .supervision of those officers. 

ACTION OF GENERAL LAND OFFICE. 

Of the sufficiency of such appeal the General Land Office will be the 
•judge, and will dismiss from further notice any case wherein the appeal 
is based upon frivolous grounds, or where the proper formalities are 
wanting, unless, either in the record of the case or upon the books of 
this office, some sufficient cause shall be found for further consideration 
under the general power of supervision vested in the Commissioner by 
law. 

APPEAL FROM THE GENERAL LAND OFFICE. 

Upon any question relating to the disposal of the public lands, appea 
from the decision of the Commissioner of the General Land Office will 
lie to the Secretary of the Interior (Rev. Stat., sections 441, 2273 ; Ap- 
pendix No. 1), except in cases of interlocutory orders and decisions and 
orders for hearing, or other matters resting in the sound discretion of 
the Commissioner. These cases constitute matters of exception, which 
should be noted, and they will be considered by the Secretary on review. 

The appeal is required to be made in writing, fairly and specifically 
stating the points of exception to the decision appealed from, and must be 
filed either with the register and receiver for transmission, or with the 
Commissioner, within sixty days from receipt, by the party or his at- 
torney, of the notice of the decision. When notice is given through the 
mail by the register and receiver, five days are allowed for the trans- 
mission of the letter from the local land office, and five -days for the 
return of the appeal through the same channel, making a total of sev- 
enty days from date of mailing. 

After appeal is filed, the fact of its receipt and pendency will be 
promptly communicated to the district office and to the parties, and 
thirty days from service of such notice will be allowed for the filing of 
argument on the points involved in the controversy. At the expiration 



57 

of the time prescribed the papers and record will be forwarded to the 
Secretary of the Interior. All arguments shall be tiled with the Com- 
missioner within the time specified in the notice in order that they may 
be referred to and considered in transmitting the case to the Secretary, 
if deemed expedient by the Commissioner. Examination of cases on 
appeal to the Secretary will be facilitated by filing in printed form such 
argument as it is desired to have considered. 

Decisions of the Commissioner not appealed from within the period 
prescribed become final, and the case will be regularly closed. (Rev. 
Stat., section 2273.) 

The decision of the Secretary is necessarily final, so far as respects 
the action of the Executive. 

The minor details of the manner of proceeding in cases of contest be- 
fore the Commissioner of the General Land Office and the Secretary of 
the Interior, for the information and guidance more especially of land 
officers and attorneys, may be found set forth in a separate pamphlet of 
u Eules of Practice." 



DEPOSITS FOR SPECIAL SURVEYS. 

The circulars and instructions of this office dated prior to June 6, 1885, 
relative to deposits by individuals for the survey of public lands under 
sections 2401 and 2402, United States Revised Statutes, and section 2403, 
Appendix No. 1, as amended by act of March 3, 1879 (20 Stat., 352, Ap- 
pendix No. 29), and act of August 7, 1882 (22 Stat., 327, Appendix No. 
30), were revoked and the following substituted therefor by circular of 
June 24, 1885, and amendatory circular of April 15, 1886. 

1. The persons who are authorized tc apply for surveys are "the set- 
tlers" under the pre-emption and homestead laws of the United States 
in the townships desired to be surveyed. Settlers are persons who have 
attached themselves permanently to the soil. None others are author- 
ized to apply for surveys. Nomadic persons and persons employed by 
others to make applications for surveys, or to make alleged settlements 
for the purpose of acquiring a title to lands to be transferred to others, 
are not settlers within the meaning of the law and are not lawful appli- 
cants for surveys. The law contemplates bona fide surveys upon bona 
fide applications by actual settlers, and not otherwise, and no other ap- 
plications or surveys are permissible under the statute. 

2. As applications must be made by "the settlers" in the township, 
the body of such settlers must join in the application. There must also 
be a sufficient number of settlers to show good faith and to indicate 
that the survey is honestly desired for the benefit of existing actual 
settlements as contemplated by the law. 

3. The deposit system being restricted by law to surveys for pre- 
emption and homestead settlers is not applicable to the survey of desert 
lands or desert land claims, nor to swamp lands, nor to lands valuable 
chiefly for timber, nor to waste or uncultivable lands of any character, 
nor to lands occupied, inclosed, or controlled for other than settlement 
purposes, nor to private land claims. 

4. Townships within known mineral belts or known to contain min- 
eral lands are not surveyable under this system. 

5. Surveys under the deposit system are authorized only where "the 
township so proposed to be surveyed is within the range of the regular 
progress of the public surveys embraced by existing standard lines or 



58 

bases for the township ami subdivisional surveys." Under this provision 
of the law it will be held that only township exteriors and subdivis- 
ional lines are surveyable, and that the deposit system is not applica- 
ble to the survey of standard lines or bases. 

6. Betraceinents, or the resurvey of lines previously surveyed, will not 
be deemed authorized under the deposit system. 

7. Applications must be made in writing, and must designate, as 
nearly as practicable, the township to be surveyed, and state that the 
applicants are actual bona fide settlers therein under the pre-emption 
and homestead laws of the United States ; that they are well acquainted 
with the character and condition of the land included in said township, 
and that the same is not mineral or reserved by Government. Such 
applications must also particularly describe the land sought to be sur- 
veyed, stating whether the same is cultivable, grazing, timber, desert, 
swamp, mountainous, rocky, etc., and the reasons why it is claimed to 
be non-mineral, and must state the number of settlers in the township, 
the character and duration of their inhabitancy of the land, the extent 
and value of their improvements, the uses made of the land, and the 
quantity under cultivation. The situation of the township in respect 
to lines of public communication, and the progress of the settlement of 
the country should be described, and all facts and circumstances stated 
which will enable an intelligent judgment to be formed in respect to the 
propriety of making the survey applied for. These statements must 
be verified by affidavit, and applicants must also declare that their ap- 
plications are made in good faith and not for the purpose of enabling a 
surveying contract to be obtained, nor at the instance or in the interest 
or for the benefit of any other person. 

8. Surveyors general will critically examine all applications for sur- 
vey, testing the accuracy and reliability of the statements made by their 
knowledge of persons and lands and the best information they can ob- 
tain. They will reject all applications not believed by them to be made 
in good faith, upon truthful statements of fact, and for honest settle- 
ment purposes. 

9. When an application for survey is approved by the survey-gen- 
eral, he will transmit the same to this office, with the required proofs, 
and his report upon the same, giving his reasons in full for the recom- 
mendation made. It is not believed that fictitious applications, or ap- 
plications procured at the instance of surveyors or of operators in con- 
tract surveys, or applications designed to open unsettled townships to 
fraudulent entry can successfully be imposed upon vigilant and faith- 
ful officers. Surveyors -general will therefore be held to strict account- 
ability for their recommendation of applications or contracts hereafter 
found to be fictitious, fraudulent, or speculative. 

10. If the application is approved by this office, it will be returned to 
the surveyor-general, with authority to furnish the necessary estimate 
to applicants, and, upon proper deposit being made, to enter into con- 
tract for the execution of the survey. 

11. The surveyor-general will furnish applicants with two separate 
estimates, one for the field work and one for office expenses. He will 
estimate adequate sums, and the practice of requiring additional de- 
posits to cover excess costs will be discontinued except when expressly 
authorized by this office. 

12. Upon receiving such estimates, applicants may deposit in a proper 
United States depository (which should be in the land district in which 
the township to be surveyed is situated), to the credit of the Treasurer 
of the United States on account of surveying the public lands and ex- 
penses incident thereto, the sum so estimated as the total cost of the 



59 

survey, including field and office work. If there be no public deposi- 
tory in the land district in which the lands are situated, the deposit 
may be made in an adjacent land district. 

13. For convenience in the use and application of certificates, the 
deposit should be made in such sums as that no certificate shall bear a 
face value of more than two hundred dollars. 

14. Applicants must be instructed fully as to tbe necessity of trans- 
mitting the original certificate to the Secretary of tbe Treasury, the 
duplicate to the surveyor-general, and the retention of the triplicate, 

15. When evidence of the required deposit is furnished in accordance 
with the foregoing regulations the surveyor-general will invite pro- 
posals for the survey by notice posted in his office for a period of thirty 
days, specifying the survey to be made, and stating that the contract 
will be let to the lowest responsible bidder (being a practical and reli- 
able surveyor) at rates not exceeding the minimum rates established by 
law for surveying the public lands. A copy of such notice will also be 
transmitted by the surveyor-general to the register and receiver of the 
land district in which the township to be surveyed is situated, and it 
shall be the duty of registers and receivers to post such notices con- 
spicuously in their office. 

16. The surveyor-general will prepare a contract with the accepted 
bidder, and transmit the same to this office lor approval in the usual 
manner. 

17. Triplicate certificates of deposit are receivable from the settlers 
making the deposits in part payment for their lands situated in the town- 
ships the surveying of which is paid for out of such deposits. 

18. The triplicate certificates may be assigned by indorsement and be 
received in payment for lands " entered by settlers under the pre-emp- 
tion and homestead laws of the United States at the land office in which 
the lands surveyed for which the deposit was made are subject to entry, 
and not elsewhere." 

19. Triplicate certificates issued on and after August 7, 1882, can be 
received in payment for lands only in the land district in which the sur- 
veyed township is situated, except when issued for additional deposits upon 
contracts entered into prior to August 7, 1882. 

20. Certificates issued subsequent to March 3, 1879, and prior to Au- 
gust 7, 1882, may, if assigned, be used in any land district. 

21. Certificates issued prior to March 3, 1879, can be used only by 
the settlers in the purchase of lands in the township, the surveying of 
which was paid for out of such deposits ; but they must be transmitted 
to this office for examination as to excess repayments, if any, before 
they can be accepted by the receiver, who will be governed by the cer- 
tificates indorsed on or attached to them by this office. 

22. Where the amount of a certificate or certificates is less than the 
value of the lands taken the balance must be paid in cash. 

23. Where the certificate is for an amount greater than the cost of the 
land, but is surrendered in full payment for such land, the receiver will 
indorse on the triplicate certificate the amount for which it is received, 
and will charge the United States with that amount only. 

24. There is no provision of law authorizing the issue of duplicate 
certificates for certificates lost or destroyed. 

EXCESS REPAYMENTS. 

25. Where the amount of the deposit is greater than the cost of the 
survey, including field and office work, the excess is repayable upon an 
account to be stated by the surveyor-general. 



60 

26. The surveyor- general will in all cases be careful to express upon 
the register's township plat the amount deposited by each individual, 
the cost of survey in the field and office work, and the amount to be re- 
funded in each case. 

27. Before transmitting accounts for refunding excesses the surveyor- 
general will indorse on the back of the triplicate certificate the 

following "$ refunded to , by account transmitted 

to the General Land Office with letter dated — — — , 77 and will state in 
the account that he has made such indorsement. Where the whole 
amount deposited is to be refunded, the surveyor- general will require 
the depositor to surrender the triplicate certificate, and will transmit it 
to this office with the account. 

28. No provision of law exists for refunding to other than the deposi- 
tor, nor otherwise than as referred to in the preceding sections. 

ASSIGNMENTS. 

29. Certificates issued after March 3, 1879, "may be assigned by in- 
dorsement. 77 Theindorsement required is thatthe person in whose name 
the deposit is made shall write his name on the back of the triplicate 
certificate. 

30. When there are several parties to, or assignees of, one certificate, 
the register and receiver will make the proper indorsement on the tripli- 
cate certificate, showing the satisfaction of the pro rata share of each 
party interested. They will make the same notes on the registers cer- 
tificate of purchase and the receivers original and duplicate receipts. 

31. When the entire amount of a certificate is not satisfied at the same 
time, the triplicate should be retained by the receiver until satisfied. 
But such certificate should as far as practicable be satisfied during the 
current quarter. 

32. Certificates are not receivable in payment for lands sold at public 
or private sale, nor for mineral, desert, coal, or timber lands, nor for 
fees and commissions on homestead entries, nor in any manner other- 
wise than as provided by law. 

REGISTERS 7 AND RECEIVERS 7 RETURNS. 

33. In their monthly cash abstracts the register and receiver will 
designate the entries in which certificates of deposit are used and the 
balance paid in cash, if any, noting on the certificates of purchase and 
receipt the manner of payment. The receiver in his monthly account- 
current will debit the United States with the amount of such certifi- 
cates, and in his quarterly accounts will specify each entry with these 
certificates, giving number, date, amount for which received, by whom 
and with whom the deposit was made, and debit the United States with 
the same. 

34. The receiver must write across the face of each accepted certifi- 
cate the date of its receipt in payment of land, the number of the en- 
try, and description of the tracts sold. 

35. Certificates received in payment for lands sold must be forwarded 
once a month to this office with letter of transmittal and abstract. 
(Form 4—543.) 



36. Surveyors-general are directed to instruct their deputies that they 
must designate in the field-notes and plats of their surveys the location 



61 

of each and every settlement within a township surveyed, whether per- 
manent in character or not, together with the names of such settlers 
and their improvements, if any. 

37. When no settlers are found in a township, the field-notes of survey 
must expressly so state, and any omission to describe the settlements 
and improvements, or the absence of one or both in the field-notes and 
plat, will be deemed a sufficient cause to infer fraud and the accounts of 
the deputy will be suspended until such omission shall have been sup- 
plied. A suspension of the commission of the deputy will in the mean- 
time take place, and all the facts will be reported to this oifice for con- 
sideration and action. 

38. In every case of a contract heretofore or hereafter approved which 
the surveyor-general has reason to believe was fraudulently procured, 
such contracts and the accounts thereunder must be immediately sus- 
pended and the facts reported to this office. 



REGULATIONS GOVERNING THE RECOGNITION OF AGENTS AND 
ATTORNEYS BEFORE DISTRICT LAND OFFICERS. 

1. An attorney at law who desires to represent claimants or contest- 
ants before a district land office must file a certificate, under the seal of 
a United States, State, or Territorial court for the judicial district in 
which he resides or the local land office is situated, that he is an attor- 
ney in good standing. 

2. Any person (not an attorney at law) who desires to appear as an 
agent for claimants or contestants before a district land office must file 
a certificate from a judge of a United States court or of a State or Ter- 
ritorial court having common law jurisdiction, except probate courts, 
in the county wherein he resides or the local office is situated, duly au- 
thenticated under the seal of the court, that such person is of good 
moral character and in good repute, possessed of the necessary Qualifi- 
cations to enable him to render clieuts valuable service, and otherwise 
competent to advise and assist them in the presentation of their claims 
or contests. 

3. The oath of allegiance required by section 3478 of the United States 
Revised Statutes must also be filed by applicants. In case of a firm, 
the names of the individuals composing the firm must be given, and a 
certificate and oath as to each member of the firm will be required. 

4. An applicant to practice under the above regulations must address 
a letter to the register and receiver, inclosing the certificate and oath 
above required, in which letter his full name and post-office address 
must be given. He must state whether or not he has ever been recog- 
nized as an attorney or agent before this Department or any bureau 
thereof, or any of the local land offices, and if so, whether he has ever 
been suspended or disbarred from practice. He must also state whether 
he holds any office under the Government of the United States. 

After an application to practice has been filed in due form, the register 
and receiver will recognize the applicant as an attorney or agent, as the 
case may be, unless they have good reason to believe that the person 
making the application is unfit to practice before their offices, or unless 
otherwise instructed by the Commissioner or Secretary. 

Registers and receivers must keep a record of the names and resi- 
dences of all attorneys and agents recognized as entitled to represent 
clients in their several offices. 



62 

Every attorney must, either at the time of entering his appearance 
for a claimant or contestant or within thirty days thereafter, file the 
written authority for such appearance, signed by said claimant or con- 
testant, and setting forth his or her present residence, occupation, and 
post-office address. Upon a failure to file such written authority within 
the time limited, it is the duty of the register and receiver to no longer 
recognize him as attorney in the case. 

An attorney in fact will be required to file a power of attorney of his 
principal, duly executed, specifying the power granted aod stating the 
party's present residence, occupation, and post-office address. 

When the appearance is for a person other than a claimant or con- 
testant of record the attorney or agent will be required to state the 
name of the person for whom he appears, his post-office address, the 
character and extent of his ititerest in the matter involved, and when 
and from what source it was acquired. Authorizations and powers 
signed or executed in blank will not be recognized. 

If any attorney or agent shall knowingly commit any of the following 
acts, viz : Represent fictitious or fraudulent en try men 5 prosecute collu- 
sive contests; speculate in relinquishments of entries; assist in procuring 
illegal or fraudulent entries or filings; represent him self as the attorney 
or agent of entrymen when he is only attorney or agent for a transferee 
or mortgagee; conceal the name orinterest of his client ; give pernicious 
advice to parties seeking to obtain title to public land; attempt to pre- 
vent a qualified person from settling upon, entering, or filing, for a tract 
of public land properly subject to such entry or filing, or be other- 
wise guilty of dishonest or unprofessional conduct, or who, in connec- 
tion with business pending in local land offices or in this Department, 
shall knowingly employ as subagent, clerk, or correspondent a person 
who has been guilty of any one of these acts, or who has been prohib- 
ited from practicing before the register and receiver or this Department, 
it will be sufficient reason for his disbarment from practice, and registers 
and receivers are authorized to refuse tofurther recognize any person as 
agent or attorney who shall be known to them or be proven before them 
to be guilty of improper and unprofessional conduct as above stated. 

An attorney or agent who has been admitted to practice in any par- 
ticular land district may be enrolled and authorized to practice in any 
other district upon filing with the register and receiver of such district 
a certificate of the register or receiver before whom he was admitted 
to practice that he is an attorney or agent in good standing. 

Any unprofessional conduct on the part of an attorney or agent should 
be reported to the Commissioner at once, together with the action of the 
local land officers in the premises. 

Appeals from the action of the register and receiver in refusing to 
admit to practice or in refusing tofurther recognize an agent or attorney 
will lie to the Commissioner and Secretary, as in other appealable cases. 

(Circular approved March 19, 1887, 5 L. D., 508.) 



RAILROAD ADJUSTMENT UNDER ACT OF MARCH 3, 1887. 

In reference to the act of Congress of March 3, 1887 (24 Stat., 556; 
Appendix No. 31), providing for the immediate adjustment by the Sec- 
retary of the Interior of land grants for railroads, with provisions in 
favor of actual settlers and of innocent purchasers from the railroad 
companies, in cases indicated therein, and in accordance with pre^ 
gcrjped principlesj the following instructions, issued by the .Secretary 



63 

to the Commissioner of the General Land Office, in accordance with 
which the adjustment is now in progress, are promulgated for the in- 
formation of any parties interested, viz : 

The act of March 3, 1887, authorizes and directs the Secretary of 
the Interior to immediately adjust, in accordance with the decisions of 
the Supreme Court, each of the railroad land grants made by Congress 
to aid in the construction of railroads, and heretofore unadjusted. 

The second section of said act provides — 

That if it shall appear, upon the completion of such adjustments respectfully 
[respectively], or sooner, that lands have been, from any cause, heretofore erroneously 
certified or patented by the United States to or for the use or benefit of any com- 
pany claiming by, through, or under grant from the United States, to aid in the 
construction of a railroad, it shall be the duty of the Secretary of the Interior to 
thereupon demand from such company a relinquishment or reconveyance to the 
United States of all such lands, whether within granted or indemnity limits; and if 
such company shall neglect or fail to so reconvey such lands to the United States 
within ninety days after the aforesaid demand shall be made, it shall thereupon be 
the duty of the Attorney-General to commence and prosecute in the proper courts 
the necessary proceedings to cancel all patents, certification, or other evidence of 
title heretofore issued for such lands, and to restore the title thereof to the United 
States. 

The provision contained in this section ^confers no greater power 
upon the Secretary of the Interior than he possessed before the passage 
of that act, and which from time to time has been exercised by that 
official in recommending to the Attorney-General that suits be brought 
to cancel patents appearing to have been erroneously certified or pat- 
ented for the benefit of any railroad company. 

The purpose of the act was to make that mandatory which before 
rested in the discretion of the Secretary in the exercise of his authority 
over the public lands. Heretofore the Secretary of the Interior might 
recommend and request the Attorney-General to institute suits for the 
cancellation of patents which, in his judgment, were erroneously issued 
for the benefit of any railroad company under its grants, and the Attor- 
ney-General, in the exercise of his authority, might grant or refuse such 
request as in his judgment might seem proper; but under the act above 
referred to, whenever it shall appear upon the completion of the adjust- 
ment of any railroad land grant, or sooner, that any lands have been 
erroneously certified or patented for the benefit of said company, it is 
made the imperative duty of the Secretary of the Interior to demand 
of said company a relinquishment or reconveyance to the United States 
of all such lands; and if the company neglects or fails to reconvey the 
same, it shall thereupon be the duty of the Attorney-General to com- 
mence and prosecute in the proper courts necessary proceedings to 
cancel the patents for said lands, and to restore the title thereof to the 
United States. 

Therefore, if in the adjustment of the grant of any road it should 
appear from the records in your office that any lands within either the 
granted or indemnity limits of such road have been erroneously certi- 
fied or patented for the benefit of such company, either from an im- 
proper adjustment of the limits of said grant, or from the erroneous 
cancellation of any filing or entry, or from any cause whatever, you will 
report such facts to the Department for action thereon, stating fully 
and specifically the grounds upon which it is supposed such tracts were 
erroneously certified or patented and whether said tracts are within the 
granted or indemnity limits of said road. 

The third section of said act provides— 

That if, in the adjustment of said grants, it shall appear that the homestead or 
pre-emption entry of any bona fide settler has been erroneously canceled on account of 



64 

any railroad grant or the withdrawal of public lands from market, such settler upon 
application shall be re-instated in all his rights and allowed to perfect his entry by 
complying with the public land laws: Provided, That he has not located another 
claim or made an entry in lieu of the one so erroneously canceled : And provided also, 
That he did not voluntarily abandon said original entry : And provided further, That 
if any of said settlers do not renew their application to be re-instated within ^ 
reasonable time, to be fixed by the Secretary of the Interior, then ail such un- 
claimed lands shall be disposed of under the public land laws, with priority of 
right given to bona fide purchasers of said unclaimed lands, if any, and if there be 
no such purchasers, then to bona fide settlers residing thereon. 

This section does not embrace any lands that have been certified or 
patented to the company, but has reference solely to lands the right and 
claim to which has heretofore been adjudicated in favor of the company 
as against the right of a settler upon said lands, and which are still 
under the control and jurisdiction of the Department. The object and 
purpose of this section is to correct all decisions made by the Depart- 
ment or the General Land Office where it shall appear in the examination 
of any land grant heretofore unadjusted that the homestead or pre-emp- 
tion entry of a bona fide settler was erroneously canceled. In such case a 
final decision of a former or the present Secretary is not only no longer 
a bar to the further consideration of the question decided, but it is made 
the duty of the Secretary to re-adjudicate the case, notwithstanding the 
former decision, whenever it appears that the pre-emption or homestead 
entry of any bona fide settler has been erroneously canceled on account 
of any railroad grant or of withdrawal oi public lands from market. 

In the adjustment of every grant to aid in the construction of rail- 
roads, you will make report upon all pre-emption and homestead entries 
of bona fide settlers that may in your judgment appear from the records 
of your office to have been erroneously canceled either because the land 
is within the limits of the railroad grant or because it has beeu with- 
drawn for indemnity purposes for said road, provided the right to the 
tract has been decided in favor of the company, and forward said report 
to the Department for consideration and action thereon, stating fully 
and specifically as to each particular tract, the grounds upon which you 
may determine that said pre-emption and homestead entries were errone- 
ously canceled, and the right to the land erroneously decided in favor of 
the company; and upon filing said report you shall cause notice thereof 
to be given to both parties, advising them that said case will be held by 
this Department for thirty days before accion, during which time they 
can make such showing as they may desire. 

If in such report you should determine that the pre-emption or home- 
stead entry of any bona-fide settler has been erroneously canceled and 
the right to the land adjudged in favor of the railroad and your decision 
thereon shall be sustained by the Department, after due notice the land 
will then be subject to disposal as provided for in said section ; that is> 
the settler whose entry was erroneously canceled will be notified of his 
right to make application to be re-instated in all his rights, and if such 
settler shall make such application within a reasonable time, to be fixed 
by the Secretary of the Interior in such notice, he shall be re-instated in 
all his rights : Provided, Thafc he shows affirmatively that he has not 
located another claim or made an entry in lieu of the one so erroneously 
canceled, and that he did not voluntarily abandon said original entry. 
If said settler should fail to make application within the time required, 
and to show that he has not located another claim or made an entry in 
lieu of the one so erroneously canceled, and that he did not voluntarily 
abandon said original entry, then all such unclaimed lands shall be dis- 
posed of under the public-land laws, with priority of right given to bona- 
fide purchasers of said unclaimed lauds, if any, and if there be no such 



, 65 

purchasers, then to bona-fide settlers residing thereon. The bona-fide 
purchasers here referred to are those who, without knowledge of wrong 
or error, have purchased from the railroad company lauds which had 
been previously entered by the preemption or homestead settler, whose 
entry has been erroneously canceled as described in the first clause of 
the third section, and which laud the pre-emption or homestead settler 
did not elect to claim after recovery by the proceedings prescribed by 
the second section of the act. 

As to the lands which have been erroneously certified or patented to 
the company (being the lauds referred to in the second section), the 
fourth section of the act provides for the disposal of such of those lands 
as may have been sold by the company to citizens of the United States 
or persons who have declared their intention to become such citizens, 
upon the following conditions : 

After said lauds shall have been reconveyed to the Government or the 
title to the same recovered, the class of persons above referred to so 
purchasing in good faith, their heirs or assigns, shall be entitled to the 
land so purchased upon making proof of such purchase at the proper 
land office within such time and under such rules as may be prescribed 
by the Secretary of the Interior, after the grants respectively shall have 
been adjusted, and patent shall issue to such persons, which shall relate 
back to the original certification or patenting. The section then provides 
that the Secretary of the Interior shall demand of the company payment 
for said lands of an amount equal to the Government price of similar 
lands, and in case of the neglect or refusal of the company to make 
payment thereof within ninety days after demand, the Attorney-General 
shall cause suits to be brought against the company for said amount. 
Under the act the purchaser of such lands from the company may re- 
cover from the company the purchase-money paid by him less the amount 
paid by the company to the United States. 

A mortgage or pledge of said lands by the company is not a sale 
within the meaning of the act. 

The object of this section is to confirm to the purchaser the title to 
the lands therein referred to upon making proof of such purchase, and 
that the purchaser has the qualifications required by the act without 
requiring of the purchaser any further payment to the Government of 
the purchase price of said land. 

The fifth section of said act reads as follows : 

That where any said company shall have sold to citizens of the United States, or to 
persons who have declared their intention to become snch citizens, as a part of its grant, 
lands not conveyed to or for the use of such company, said lands being the numbered 
sections prescribed in the grant, and being coterminous with the constructed parts of 
said road, and where the lands so sold are for any reason excepted from the operation 
of the grant to said company, it shall be lawful for the bona-fide purchaser thereof 
from said company to make payment to the United States for said lands at the ordi- 
nary Government pri^e for like lands, and thereupon patents shall issue therefor to 
the said bona-fide purchaser, his heirs or assigns : Provided, That all lands shall be 
excepted from the provisions of this section which at the date of such sales were in 
the bona-fide occupation of adverse claimants under the pre-emption or homestead 
laws of the United States, and whose claims and occupation have not since been vol- 
untarily abandoned, as to which excepted lands the said pre-emption and homestead 
claimants shall be permitted to perfect their proofs and entries and to receive patent 
therefor: Provided, further, That this section shall 'not apply to lands settled upon 
subsequent to the 1st day of December, 1832, by persons claiming to enter the same 
under the settlement laws of the United States, as to which lands the parties claiming 
the same as aforesaid shall be entitled to prove up and enter as in other like cases. 

Under this section, when the company has sold to citizens of the 
United States or persons who have declared their intention to become 

14711 5 



66 

such citizens, the numbered sections prescribed in the grant and coter- 
minous with the constructed portions of the road, within either the 
granted or indemnity limits, and which upon the adjustment of the 
grant are shown to be excepted from the operation of the grant, it shall 
be lawful for such purchasers (if their purchases are bona fide) to pur- 
chase said land from the Government by payment of the Government 
price for like lands, unless said lands were at the date of purchase in 
the bona-fide occupation of adverse claimants under the pre-emption or 
homestead laws, in which case the preemptor or homestead claimant 
may be permitted to perfect his proof unless he has since voluntarily 
abandoned the land. 

Under the last proviso of said section, however, if a settlement was 
madeon said lands subsequent to December 1, 1882, by persons claimiug 
the same under the settlement laws of the United States, it will defeat 
the right of the purchaser, whether said purchase was made prior to or 
subsequent to December 1, 1882, and the settler will be allowed to prove 
up for said lands as in other like cases. 

The sixth section provides that when any such lands have been sold 
and conveyed as the property of the company for State and county 
taxes, and the grant to the company has been thereafter forfeited, the 
purchaser at such sale shall have the preference right for one year from 
the date of the act in which to purchase said lands from the United 
States by paying the Government price for said lands, provided said 
lands were not previous to or at the time of the taking effect of such 
grant in the possession of or subject to the right of an actual settler. 

The seventh section provides : 

That no more lands shall be certified or conveyed to any State or to any corporation 
or individual, for the benefit of either of the companies herein mentioned, where it 
shall appear to the Secretary of the Interior that such transfers may create an excess 
over the quantity of lands to which such State, corporation, or individual Avould be 
rightfully entitled. 

You will proceed at once, and with as much dispatch as possible, to 
adjust all land grants to aid in the construction of railroads under the 
provisions of the act above referred to and in accordance with the direc- 
tions herein given. You will inform the Department at once when you 
commence the adjustment of any grant in order that cases pending in 
the Department involving the rights of the road under such grant may 
be taken up and considered. (6 L. D., 276.) 



REPAYMENTS. 

Section 2362 of the Revised Statutes (Appendix No. 1) provides for 
repayment to the purchaser, or his legal representatives or assignees, 
upon proof " that any tract of land has been erroneously sold by the 
United States, so that from any cause the sale can not be confirmed." 

Section 2 of the act of June 16, 1880 (21 Stat,, 287 ; Appendix No. 21), 
provided that u in all cases where homestead, or timber-culture, or 
desert-land entries, or other entries of public lands have been hereto- 
fore or shall hereafter be canceled for conflict, or where, from any cause, 
the entry has been erroneously allowed and can not be confirmed," the 
amount of purchase money, fees, and commissions may be repaid. 

DEFINITION OF " ERRONEOUSLY ALLOWED." 

This can not be given an interpretation of sucto latitude as would 
countenance fraud. If the records of the Land Office,, ox the proofs, 



67 

furnished, should show that the entry ought not to be permitted, and 
yet it were permitted, then it would be " erroneously allowed." But if 
a tract of land were subject to entry, and the proofs showed a compli- 
ance with law, and the entry should be canceled because the proofs 
were shown to be false, it could not be held that the entry was " erro- 
neously allowed f and in such case repayment would not be authorized. 

APPLICATION FOR REPAYMENT OF PURCHASE-MONEY. 

In applications for repayment where patent has not issued the dupli- 
cate receipt must be surrendered. The applicant must make affidavit 
that he has not transferred or otherwise incumbered the title to the 
land, and that the same has not become a matter of record. This affi- 
davit may be made before either the register or receiver of the district 
land office, or before any officer authorized to administer oaths. When 
made before a notary public or justice of the peace a certificate of offi- 
cial character is required. 

If the duplicate receipt has been lost or destroyed the party applying 
must advertise the fact of such loss, giving notice of his intention to 
apply for repayment of the purchase money. This advertisement must 
be inserted weekly for six weeks, in some newspaper of extensive circu- 
lation in the vicinity of the land. A copy of the advertisement, with 
the affidavit of the publisher, or other person having charge of the paper, 
that it was inserted the requisite number of times, must accompany the 
papers in the case. Where the duplicate receipt has been lost or de- 
stroyed, a certificate will also be required from the proper recording 
officer, showing that the same has not become a matter of record, and 
that there is no incumbrance of the title to the land thereunder. A 
like certificate must be furnished when the application is made by an- 
other than the original purchaser. 

Where a patent has been executed and delivered, it must be surren- 
dered. 

Where the title has become a matter of record, and in all cases where 
patent has issued, a duly executed deed, relinquishing to the United 
States all right and claim to the land under the entry or patent, must 
accompany the application. This deed must be duly recorded, and a 
certificate must also be produced from the proper recording officer where 
the land is situated, showing that said deed is so recorded, and that the 
records of his office do not exhibit any other conveyance or incum- 
brance of the title to the land. 

Where a valid title to the land embraced in a canceled entry has been 
conveyed by the Government to other parties, the applicant for repay- 
ment under such canceled entry must reconvey to the United States the 
title derived from such invalid entry. If, however, the applicant has 
acquired the valid title already conveyed by the United States, it will 
not be necessary for him to reconvey the land, but he may make a full 
statement, with corroborative evidence of the facts, waiving all claim 
under the invalid entry, and thereupon receive repayment of the amount 
erroneously paid. 

The reconveyance to the United States must conform in every par- 
ticular to the laws of the State or Territory in which the land is located 
relative to transfers of real property ; in the case of a married man, in 
localities where the right of dower exists, there must be a release of 
dower by the wife ; and in case of an executor or administrator, due 
proof of authority to alienate the estate. 



68 

HEIRS, EXECUTORS, AND ADMINISTRATORS. 

Where application is made by heirs, satisfactory proof of heirship is 
required. This must be 'the best evidence that can be obtained, and 
must show that the parties applying are the heirs and the only heirs of 
the deceased. Where application is made by executors a certificate of 
executorship from the probate court must accompany the application. 
Where application is made by administrators the original or a certified 
copy of the letters of administration must be furnished. 

ASSIGNEES. 

Assignees of land who purchase after entry are, in general, deemed 
entitled to receive the repayment when the lands are found to have 
been erroneously" sold by the Government. But this rule does not apply 
to the repayment of double minimum excesses. 

Where applications are made by assignees the applicants must show 
their right to repayment by furnishing properly authenticated abstracts 
of title, or the original deeds or instruments of assignment, or certified 
copies thereof, and also show by affidavits or otherwise that they have not 
been indemnified by their grantors or assignors for the failure of title, and 
that title has not been j)erfected in them by their grantors through other 
sources. 

Where there has been a conveyance of the land and the original pur- 
chaser applies for repayment, he must show that he has indemnified his 
assignee or perfected the title in him 'through another source, or produce 
a full reconveyance to himself from the last grantee or assignee. 

REPAYMENT OF FEES, COMMISSIONS, AND EXCESSES. 

The first section of the act of June 1G, 1S80, provides for the repay- 
ment to innocent parties of the fees, commissions, and excess payments 
made upon soldiers' additional homestead entries which were, after loca- 
tion, fou'nd to be fraudulent and void, and have therefore been canceled. 

Applications for repayment under this section must be accompanied 
by the duplicate receipt, or evidence of the loss of the same, and by a 
concise statement under oath setting forth all the facts and circumstances 
connected with the procurement and use of the fraudulent papers upon 
which the canceled entries were based, together with such documentary 
or other proof as may tend to establish the innocence of the parties rel- 
ative thereto. 

In the case of soldiers' additional homestead entries, repayment of 
fees, commissions, and excesses can be made only to the party who paid 
the same — not to a party to whom the claimant conveyed the land. 

In the case of applications for the repayment of fees, commissions, 
etc., on canceled homestead and other entries, under the second section 
of the act, the duplicate receipt must be surrendered, with a relinquish- 
ment of all right, title, and claim in and to the land described in the re- 
ceipt indorsed thereon, attested by two witnesses, and acknowledged 
before the register and receiver or before any officer authorized to take 
acknowledgments. If the duplicate receipt has been lost or destroyed 
an affidavit stating the fact must be furnished, together with a relin- 
quishment of the character indicated. The applicant must make affi- 
davit that ho has not made another entry with the credit of the fee and 
commission paid by him on the canceled entry. 



69 

REPAYMENT OF DOUBLE-MINIMUM EXCESS. 

The last clause of the second section of the act of June 16, 1880, pro- 
vides that " in all cases where parties have paid double-minimum price 
for land which has afterward been found not to be within the limits of 
a railroad land grant, the excess of $1.25 per acre shall in like manner 
be repaid to the purchaser thereof or to the heirs or assigns." In such 
cases the duplicate receipt must be surrendered; or if lost or destroyed, 
an affidavit stating that fact must accompany the application. 

Repayment of double-minimum excesses will be made only to the 
original entryman, his heirs, or legal representatives, or to the assignee, 
specifically, of the excess purchase-money. The sale and transfer cf 
the land is not of itself treated as an assignment of the right to receive 
repayment of double-minimum excess. 

TRANSMITTAL OE APPLICATIONS. 

All applications for repayment under the above provisions must be 
made in writing and be signed by the party applying, and must describe 
the tract or otherwise designate the entry with certainty. They should 
be transmitted, with all the papers in the case, through the register 
and receiver of the proper district land office, who will make due report 
thereon. 

REPAYMENTS UNDER THE ACT OF MARCH 3, 1887. 

In addition to the provisions for repayment mentioned in the fore- 
going, there are special provisions contained in the act of March 3, 1887, 
entitled a An act for the relief of settlers and purchasers of lands on 
the public domain in the States of Nebraska and Kansas" (24 Stat., 550. 
Appendix No. 32). Under these provisions three classes of persons who 
settled upon or purchased lands within the grant made by an act enti- 
tled "An act for a grant of lands to the State of Kansas to aid in the 
construction of the Northern Kansas Railroad and Telegraph," approved 
July 23, 1866, are entitled to re-imbursement, viz: 

1. All persons, their grantees, heirs, and devisees, who settled upon 
or purchased lands within the limits of the grant in question, and to 
whom patents have been issued, but against whom decrees have been 
or may hereafter be rendered by the United States circuit court on ac- 
count of the priority of the railroad grant. 

2. Any person, his grantees, heirs, assigns, or devisees, who shall 
prove to the satisfaction of the Secretary of the Interior that his case 
is like those of the class above described, except that he has not been 
sued and subjected to judgment, and that he has, in good faith, without 
litigation, paid to the person holding the prior title by the railroad 
grant the sum demanded of him. 

3. Only actual and bona fide settlers on the lands referred to in the 
preceding sections, their grantees, heirs, representatives, or devisees, are 
entitled to re-imbursement under the decree, not to exceed $3.50 per acre; 
but no one person shall be entitled to compensation at such rate for more 
than 160 acres. 

4. All other persons who purchased any part of said lands at $1.25 
per acre, their heirs, assigns, or legal representatives, are entitled to 
repayment at $1.25 per acre, provided said money was actually paid into 
the Treasury. 

In the execution of this act the following regulations are prescribed: 
1. All applications under this act must be made in writing, and be 

signed by the party applying, and must describe the tract and designate 

the entry with certainty. 



70 

2. Claimants of the class first described must file copy of the decree, 
duly certified by the clerk and under the seal of the court rendering the 
same, to the effect that such a decree was rendered in a bona fide con- 
troversy between a plaintiff showing- title under the grant, and a defend- 
ant holding the patent or holding by deed under the patentee, and that 
the decision was in favor of the plaintiff on the ground of the priority 
of the grant made by said act to the filing, settlement, or purchase by 
the defendant or his grantor. 

3. Claimant must also file with said decree and certificate, a bill of 
costs in such case, duly certified by the clerk and under the seal of the 
court in which the decree was rendered. 

4. Claimants of the second class will be required to furnish a certified 
copy of the record of the transfer from said company, or from the com- 
pany's grantee, with evidence that he has in good faith paid to the 
person holding the prior title the sum demanded of him without liti- 
gation. 

5. Claimants of the third class should apply for a refundment of pur- 
chase money in accordance with regulations governing the repayment 
of imrehase-money for lands erroneously sold.^ 

6. When the grantee, assignee, or devisee of the original purchaser 
makes application under this act, he must, in addition to the foregoing, 
show his right to receive the money by furnishing proper authenticated 
abstracts of title or the original deed or instrument of assignment, or 
of the willj or certified copies thereof. 

7. When application is made by heirs, satisfactory proof of heirship 
is required. 

8. When application is made by executors, the original or a certified 
copy of letters testamentary must accompany the application. 

9. When application is made by administrators, the original or a cer- 
tified copy of letters of administration must be furnished. 

10. All parties who are entitled to repayment under the aforesaid act 
will be required to execute a relinquishment, which must accompany 
the application, in the following or equivalent form: 

Know airmen by these presents, that I, , of , for and in consideration of the 

sum of , to me paid by the United States, have released and forever discharged 

the United States from all claim of any kind, nature, and character whatsoever, by 
virtue of the act of Congress approved March 3, 1887 ; and that I am the identical 

party named in the decree, in the case of vs. , or who made said entry No. — , 

at land office, State of . 



Two witnesses : 



State of \ . 

County of ^ ' 

On this day of , 188-, before the subscriber, a in and for said county, 

personally came , to me well known to be the person who subscribed the forego- 
ing release, and who upon being duly sworn by me according to law on oath 

declared and acknowledged that had freely and voluntarily executed the forego- 
ing release and for the reasons stated; and at the same time came residing at 

and also residing at , each of whom being by me duly sworn according 

to law deposed and said, each for himself and not one for the other, that they well 
knew the person making the said release to be the individual described in the decree, 
or who made said entry and who executed the said release. 

Subscribed, sworn to, and acknowledged before me this , 188-. 

NOTE. — This must be acknowledged before a clerk of a court or other officer author- 
ized to- take acknowledgments of deeds in the county where the lands are situated 
whose official character and signature must be certified to by the clerk of a court of 
record. 



fi 

THE BOARD OF EQUITABLE ADJUDICATION. 

The board of equitable adjudication is established and its powers de- 
fined by sections 2450 to 2457 of the Revised Statutes (Appendix Xo. 1), 
amended by act of February 27, 1877, substituting the Secretary of the 
Interior for the Secretary of the Treasury as one of the board. It con- 
sists ot the Secretary of tbe Interior, the Attorney-General, and the Com- 
missioner of the General Land Office, and is authorized "to decide upon 
principles of equity and justice * * .* all cases of suspended en- 
tries of public lands * * * and to adjudge in what cases patents 
shall issue upon same." The board has no power to adjudicate ad- 
verse claims between contesting parties, but ouly between the United 
States and claimants, in cases where the law has been substantially 
complied with, but where error or informality has arisen from igno- 
rance, accident, or mistake, which is satisfactorily explained. 

This board is a tribunal of special and limited jurisdiction, outside of 
which it has no authority, but inside of which it is exclusive, i^o ap- 
peal lies from its decisions, nor are they subject to review by any other 
tribunal. 

(For the rules and regulations of the Board of Equitable Adjudica- 
tion, see Appendix No. 33.) 



CHANGES OF ENTRY. 

In order to secure uniformity in proceedings upon applications for 
change of entry, attention is called to the following sections of the Ee- 
vised Statutes and accompanying instructions : 

Sec. 2369. In every case of a purchaser of public lands, afc private sale, having 
entered at tbe land office a tract different from that be intended to purchase, and 
being desirous of having the error in bis entry corrected, he shall make his applica- 
tion for that purpose to the register of the land office, and if it appears from testi- 
mony satisfactory to the register and receiver that an error in the entry has been 
made, and that the same was occasioned by original incorrect marks made by the 
surveyor, or by the obliteration or change of the original marks and numbers at 
corners of the tract of land ; or that it has in any otherwise arisen from mistake or 
error of the surveyor, or officers of the land office, the register and receiver shall, 
report the case, with the testimony, and their opinion thereon, to the Secretary of tbe 
Interior, who is authorized to direct that the purchaser is at liberty to withdraw the 
entry so erroneously made, and that the moneys which have been paid shall be applied 
in the purchase of other lands in the same district, or credited in the payment for 
other lands which have been purchased at the same office. 

Sec. 2370. The provisions of the preceding section are declared to extend to all 
cases where patents have been issued, or may hereafter issue; upon condition, how- 
ever, that the party concerned surrenders his patent to the Commissioner of the Gen- 
eral Laud Office, with a relinquishment of title thereon, executed in a form to be 
prescribed by the Secretary of the Interior. 

Sec. 2371. The provisions rtf the two preceding sections are made applicable in all 
respects to errors in the location of land-warrants. 

Sec. 2372. In all cases of an entry hereafter made of a tract of land not intended to 
be entered, by a mistake of the true numbers of the tract intended to be entered, where 
the tract thus erroneously entered does not in quantity exceed one half-section, and 
"where the certificato of the original purchaser has not been assigned, or his right in 
any way transferred, the purchaser, or, in case of his death, the legal representatives, 
nor. being assignees or transferees, may, in any case comiug within the provisions of 
this section, file his own affidavit, with such additional evidence a3 can be procured, 
showing the mistake of the numbers of the tract intended to be entered, and that 
every reasonable precaution and exertion has been used to avoid the error with tbe 
register and receiver of the laud district within which euch tract of land is situated, 
who shall transmit the evidence submitted to them in each case, together with their 
written opinion, both as to the existence of the mistake and the credibility of each 



72 

person testifying thereto, to the Commissioner of the General Land Office, who, if he 
be entirely satisfied that the mistake has been made, and that every reasonable pre- 
caution and exertion has been made to avoid it, is authorized to change the entry and 
transfer the payment from the tract erroneously entered to that intended to be en- 
tered, if unsold ; but if sold, to any other tract liable to entry; but the oath of the 
person interested shall in no case be deemed sufficient, in the absence of other cor- 
roborating testimony, to authorize such change of entry; nor shall anything herein 
contained affect the right of third persons. 

It will be observed that section 2369 is intended to afford relief to 
purchasers of public lands at private sale whose errors in entry have 
been occasioned by the original incorrect marking by the surveyor, or 
by the subsequent change or obliteration of those marks, or by any 
other error originating either with the surveyor or the land officers. 

Section 2370 extends the foregoing provision to cases where patents 
have been or may be issued. 

Section 2371 extends the provisions of both the preceding sections to 
errors in the location of land warrants. 

Section 2372, further extending these provisions, applies to all classes 
of entries, and also embraces cases where the error was not occasioned 
by any act of the surveyor or of the land officers, but restrict changes 
of entry to cases in which the tract erroneously entered does not in 
quantity exceed one half section, and where the certificate of the original 
purchaser has not been assigned or his right in any way transferred. 
. Change of entry may therefore be allowed, in accordance with these 
provisions, in "respect to either of the following classes of cases, viz : 

Purchases at public sale. 

Private entries. 

Pre-emption entries. 

Military bounty land-warrant locations. 

Scrip locations, etc: 

A change of entry, when allowed, will be made from the tract errone- 
ously entered to that intended to have been entered, if vacant; but if 
not vacant, the change may be made to any other tract liable to entry. 

APPLICATION FOR CHANGE OF ENTRY. 

The application must, in all cases, be made by the party making the 
original entry, or, in case of his death, by his legal representatives, not 
being assignees or transferees. 

Tbe applicant must file an affidavit showing the nature and particu- 
lar cause of the error, and that every reasonable and proper precaution 
had been used to avoid it, accompanied by the best corroborative testi- 
mony that can be procured. The oath of the party interested is not of 
itself sufficient. 

The affidavit must also show that the land erroneously entered has 
not been transferred or otherwise encumbered. 

This evidence, together with the joint opinion of the register and re- 
ceiver as to the existence of the mistake, and the credibility of each 
person testifying thereto, will be forwarded for the decision of this 
office. 

Where a patent has not been issued they will require the surrender 
of the duplicate receipt, or certificate of location (as the case may be), 
accompanied by the affidavit of the party that he has not sold, assigned, 
nor in any way encumbered the title to the land described in the ap- 
plication, and that said title has not become a matter of record. 

Where a patent has issued it must be surrendered. 

Where the title has become a matter of record, and in all cases where 
patent has issued, they will require a quitclaim deed, or release, to the 



73 

United States, which deed must be executed, acknowledged, and re- 
corded in accordance with the laws of the State or Territory in which 
the land is situated. They will also require a certificate from the county 
clerk, or other officer having charge of the books in which any convey- 
ance of the land is required to be recorded to give it validity, stating 
that the records of such office do not exhibit any conveyance or 
other incumbrance of the land in question. In the case of a married 
man, a properly executed release of dower by the wife must be furnished, 
if a right of dower exists under the local law. 

WHEN CHANGE OF ENTRY IS ALLOWED. 

In all cases of application for a change of entry, when the evidence 
is satisfactory, a new register's certificate will be authorized by this 
office, which certificate will bear the current number and date, and will 
be indorsed with the authority for such change. 

The tract to which the change is allowed, its area, etc., will be re- 
ported on the proper monthly abstracts, with a noting in red ink of the 
items credited from the old certificate, and not included in the footings. 

Any excess over an original amount will be accounted for as in case 
of the other excesses. 



FURNISHING CERTIFIED COPIES. 

Annexed are the laws (Revised Statutes of the United States) relative 
to the powers and duties of the General Land Office in furnishing ex- 
emplifications of patents, papers, or plats on file or of record therein ; of 
the legal force and effect of such certified copies, and the terms upon 
which the same can be procured. (Sees. 4G1, 891, 2469, 2470, Rev. Stat. ; 
Appendix $o. 1.) 

With a view to give proper effect to said statutes, the following re- 
quirements are prescribed by direction of the Secretary of the Interior. 

First. All copies which may be required by parties interested will be 
furnished when the cost thereof shall first have been paid to the Gen- 
eral Land Office. 

Second. The applicant must address a communication to the Com- 
missioner of the General Land Office designating the tract or tracts in 
regard to which the verified transcripts are wanted, describing as accu- 
rately as possible the record, papers, or plats of which said transcripts 
are desired, and sending a sum of money quite sufficient to cover the 
cost according to the extent of the copying required; and should the 
sum sent to this office b.e in excess of the actual legal cost, such excess 
will be returned to the applicant. 

The following is the tariff established under the statute, section 461, 
for furnishing transcripts, to wit: 

1. Fifteen cents for every hundred words in a transcript. 

2. Two dollars for copy of township plat or diagram. 

3. One dollar for the Commissioner's certificate of verification and 
official seal. 

Third. Upon the receipt at the General Land Office of the application 
particularly describing fee record or paper of wilich transcripts are re- 
quired, accompanied by the requisite amount to cover the expense, the 
same will be duly acknowledged, and the exemplifications promptly 
transmitted. 



74 

Photolithographic township plats and maps of the States and Terri- 
tories remaining on hand in this office may be sold to citizens of the 
United States, certified copies at 50 cents per copy ; uncertified copies 
at 25 cents per copy, under act of Congress approved October 12, 1888, 
pamphlet statutes, page 557. 



DUTIES OP REGISTERS AND RECEIVERS. 

The duties of registers and receivers in many cases connected with 
the administration of the laws regarding public lauds have already been 
incidentally set forth. 

In addition thereto they will observe the following : 

REaFLAK ATTENDANCE AT OFFICE. 

They will be in attendance regularly at their offices, keeping the same 
open for transaction of business from 9 o'clock a. m. till 4 o'clock p. m., 
and giving all proper information and facilities to persons applying 
therefor, without charge, except as provided by law. 

ENTRY APPLICATIONS. 

Applications to make entry can not be received by the register or re- 
ceiver out of office hours, nor elsewhere than at their offices, nor can 
affidavits or proofs be taken by either of them except in the regular and 
public discharge of their ordinary duties. 

Registers and receivers must note upon the paper itself, in case of 
every filing, declaration, or application (where the same is not exe- 
cuted before them and presented by the applicant in person), the name 
of the party by whom the same was presented or transmitted. (Circu- 
lar approved October 25, 1886, 5 L. JD., 198.) 

NOTICES. 

All notices given by registers and receivers of hearings, decisions, or 
other action, whether of their offices or of this office, involving the 
right of appeal by any party or the exercise of other rights within a 
certain time, or compliance with some official requirement, must be 
served personally or by registered letter. 

When personal service is had the register and receiver will transmit 
to this office the acknowledgment of such service or evidence thereof. 
When service is made by registered letter the return letter receipt, or 
returned letter, as the case may be, must, in every instance, be sent up 
with the papers in the case. 

The costs of registration will be paid out of the advances from the 
proper appropriations, and estimates therefor will be embraced in the 
usual requisitions. (Circular approved October 28, 1SS6, 5 L. I)., 204.) 

SPECIAL REPORTS. 

The habitual failure of local officers to promptly notify this office 
when appeals are not taken from decisions or action of this office, or 
where parties do not comply with requirements made, or where they 
take no action under notices directed to be given, involves great em- 



75 

barrassinent and delay, and causes unnecessary correspondence to 
obtain the information which the register and receiver are expected and 
required to furnish without special calls therefor. 

In order to obviate these difficulties it is directed : 

First. That in each local land office at least two current dockets must 
be kept. 

1. A docket of contested cases in which every case of individual con- 
test shall be entered when initiated, and thereafter a memorandum of 
every order made or action taken in such case, either by the local office 
or by this office or by the Secretary of the Interior, shali also be entered 
as soon as any action is had or notice thereof received. 

2. A docket in which shall be entered every entry of any character 
which is held for cancellation, or in which further evidence is called for, 
or other requirements made involving the right of appeal or other action 
by the party, and reports thereon by the local officers. In each case 
memoranda shall at once be entered on the docket of all holdings, calls, 
or other action by this office, stating the nature thereof, the time allowed 
for appeal, reply, or other proceeding, the date and initial of Commis- 
sioner's letter, and the date of notice and evidence of service of notice, 
together with any other memoranda deemed necessary. 

Second. The date when the period allowed for appeal, reply, or other 
action by the party will expire, and a report to the General Land Office 
by the local officers become due, must in every instance be distinctly 
noted on the dockets at the time notice is given to the party. 

Third. Upon every Saturday the dockets must be carefully examined, 
and reports to this office made in all cases where time for report has 
arrived. (Circular approved December 18, 1885, 6 L. D., 12.) 

COMMISSIONS, FEES, AND SALARY. 

They are prohibited from making any charges for their services other 
than such as are provided bylaw. (Sees. 2238, 2239, and 22*6, Rev. 
Stat.. Appendix No. 1 \ act Mav 14, 1880, 21 Stat., 140, Appendix No. 
7 ; act March 3, 1883, 22 Stat., 484, Appendix No. 22 ; act July 4, 1884, 
23 Stat., 96, Appendix No. 16 ; act August 4,1886, and act March 3, 
1887, 24 Stat., 239, idem, 526, Appendix No. 23.) 

Receivers will deposit to the credit of the Treasurer of the United 
States all moneys received for reducing testimony to writing, and all 
other fees which, by the act of March 3, 1883, were authorized to be re- 
tained by registers and receivers (except the amount payable for clerk 
hire, in accordance with the terms of the law), as other public moneys 
of the United States received from fees and commissions are deposited. 
All such fees will be reported in detail ou the receiver's monthly de- 
tailed account-current thereof (Form 4 — 146), and accounted for in their 
monthly and quarterly accounts. But fees not earned, that is, deposits 
made for services to be rendered,, are not to be deposited or accounted for 
until they become public moneys of the United States. 

The fee of $1, authorized to be retained by the register for giving 
notice of the cancellation of an entry, as provided by the act of May 14, 
1880, will be paid to the receiver, who will deposit it with the other fees, 
when the entry is canceled and the notice given. Should the cancella- 
tion not take place and no notice be given the fee is to be returned to 
the depositor. 

In computing the fees for reducing testimony to writing the words 
actually written by registers and receivers, or persons in their employ, 
only must be charged for at the rates allowed by paragraphs 10, 11, and 



76 

12, of section 2238, Eev. Stat., and no charge is to be made for the 
printed words. The words actually written must be counted and charged 
for, and there can be no uniform fee of a specified sum applicable to 
every case of the same class of entries ; that is, registers and receivers 
can not fix the fee at $1 or more for each pre-emption, final homestead, 
or mineral entry. 

Under the second section of the act of March 3, 1883, authorizing a 
charge to be made for plats or diagrams, the fees for the same are 
fixed as follows : 

For a township diagram showing entries only $1.00 

For a township plat showing entries, names of claimants, and character of entry 2. 00 
For a township plat showing entries, names of claimants, character of entry, 

and number 3. 00 

For a township plat showing entries, names of claimants, character of entry, 
number and date of filing or entry, together with topography, etc 4. 00 

There is no legal authority for registers and receivers to charge or 
receive a fee of 25 cents for plats or diagrams of a section or a part of a 
section of a township. • 

In all cases where the final proofs required in section-2291, Eev. Stat., 
are taken by judges and clerks of court the register and receiver will, 
under act of March 3, 1877 (Appendix No. 3), be allowed the same 
fees for "examining and approving" the testimony as would be charged 
if the testimony were taken by themselves. 

The attention of registers and receivers is called to section 2242, Eev. 
Stat. (Appendix No. 1), as follows: 

No register or receiver shall receive any compensation out of the Treasury for past 
services who has charged or received illegal fees ; and orixsatisfactory proof that either 
of such officers has charged or received fees or other rewards not authorized by law, 
he shall be forthwith removed from office. 

This statute will be strictly enforced. 

Eegisters of land offices have no right officially to receive any moneys 
whatever except such as are paid to them by receivers as salary, fees, 
and commissions. Should any money be forwarded to the register or 
paid to him, he will at once pay over the same to the receiver ; and 
where parties address the register as to the cost of any service required, 
he will refer the matter to the receiver for answer, as the latter is the 
proper officer to receive all public moneys. 

All fees collected by registers ami receivers, from any source what- 
ever, which would increase their salaries beyoud $3,000 each a year, 
shall be covered into the Treasury, except only so much as may be 
necessary to pay actual cost of clerical services employed exclusively 
in contested cases, and they shall report quarterly under oath, of all 
expenditures for such clerical services, with vouchers therefor. (Act 
of August 4, 1886, 24 Stat., 239, Appendix No. 23. repeated in act 
March 3, 1887, 24 Stat., 526.) 

MONTHLY REPORTS. 

Within three days from the close of each month the register and re- 
ceiver must make out and transmit to the General Land Office a state- 
ment of the business of their respective offices for the preceding month. 

These reports are in the form of abstracts of pre-emption declarations 
and of soldiers 7 declarations filed, abstracts of lands sold, abstracts of 
homesteads entered, abstracts of timber-culture entries allowed, ab- 
stracts of military bounty-land warrants and of agricultural college 
scrip located, accompanied by the certificates of purchase, receivers' 



77 

receipts, homestead and timber-culture applications and affidavits, mili- 
tary bounty-land warrants and agricultural- college scrip surrendered 
as satisfied, and the certificates of location thereof 5 also of all other 
forms of entry or location requiring separate returns. Eaines of parties 
must be clearly and legibly written in these papers to correspond with the 
signature to every application ; and when spelled in two or more ways, 
or illegibly written by the person signiog, the register must ascertain 
by proper inquiry the correct orthography ; and certify to the same 
upon the margin of the certificate. 

The abstracts, after being carefully examined by the register and re- 
ceiver, are to be certified by them as correct and as in conformity with 
the papers in the entries or locations embraced therein and with their 
records, which papers, abstracts, and records must agree with each other. 

MONTHLY AND QUARTERLY STATEMENT OF ACCOUNTS. 

The receiver is required to render promptly, to the Commissioner of 
the General Land Office and to the Secretary of the Treasury, a monthly 
account of all moneys received, showing the balance due the Government 
at the close of each month ; and at the end of every quarter he must also 
transmit a quarterly account. (Sec. 2215, Rev. Stat.; Appendix jSTo. 1.) 

He is required to deposit the moneys received by him at some depos- 
itory designated by the Secretary of the Treasury, when the amount on 
hand shall have reached the sum of $1,000 ; and in no case is he author- 
ized, without special instructions, to hold a larger amount in his hands. 



Laws and instructions relating to mining claims, bounty lands, rail- 
road adjustments, town sites, timber depredations, and other special 
matters, form the subject of separate circulars. 

S. M. Stockslager, 
Commissioner of the General Land Office. 
Approved: 

Wl. F. YlLAS, 

Secretary of the Interior. 



[No. 1.] 

REVISED STATUTES OP THE UNITED STATES. 
THE SECRETARY OF THE INTERIOR. 

Sec. 441. The Secretary of the Interior is charged ?mS£ iSJ^S; «. s 
with the supervision of public business relating to the ^i'hxYlmi^mXi^ 
following subj ects : l \ ^W c . 22 ' „ I v 

First. The Census; when directed by law. No'S.ises.c. ire, «. 1, v 

Second. The public lands, including mines. 15 Cu?^i f y ier,iBi.,i95, 

Third. The Indians. 

Fourth. Pensions and bounty-lands. 

Fifth. Patents for inventions. 

Sixth. The custody and distribution of publications. 

Seventh. Education. 

Eighth. Government Hospital for the Insane. 

Ninth. Columbia Asylum for the Deaf and Dumb. 



78 

COMMISSIONER OF THE GENERAL LAND OFFICE. 

KrifisiTc/eftT'T. Sec. 453. The Commissioner of the General Land 
2, 4juiy, 1836, c. 352. 3 . i, v, Office shall perform, under the direction of the Secre- 
5 ' p ' 107 - tary of the Interior, all executive duties appertaining 

to the surveying and sale of the public lands of the United States, or in 
anywise respecting such pablic lands, and, also, such as relate to pri- 
vate claims of land, and the issuing of patents for all agents [grants] 
of land under the authority of the Government. 

# # # # * * # 

EXEMPLIFICATIONS of patents, records, books, or papers. 

Sec. 461. All exemplifications of patents, or papers on file or of 
record in the General Land Office, which may be required by parties 
interested, shall be furnished by the Commissioner upon the payment 
by such parties at the rate of fifteen cents per hundred words, and two 
dollars lor copies of township plats or diagrams, with an additional 
sum of one dollar for the Commissioner's certificate of verification with 
the General Land Office seal ; and one of the employes of the Office 
shall be designated by the Commissioner as the receiving clerk, and 
the amounts so received shall, under the direction of the Commissioner, 
be paid into the Treasury ; but fees shall not be demanded for such au- 
thenticated copies as may be required by the officers of any branch of 
the Government, nor for such unverified copies as the Commissioner in 
his discretion mav deem proper to furnish. (See sees. 891, 2460, and 
2470.) 

*j> jt j*. jj. Jb jb 

"Jr W *7V* TT W tT* 

Sec 891. Copies of any records, books, or papers in the General Land 
Office, authenticated by the seal and certified by the Commissioner 
thereof, or, when his office is vacant, by the principal clerk, shall be evi- 
dence equally with the originals thereof. And literal exemplifications 
of any such records shall be held, when so introduced in evidence, to be 
of the same validity as if the names of the officers signing and coun- 
tersigning the same had been fully inserted in such record. (See sees. 
461, 2469, 2470.) 

registers and receivers. 

and p rlc«yer e a nt of register8 Sec. 2234. There shall be appoiuted by the Presi- 

lanfditT establlshin8 dent, by and with the advice and consent of the Senate, 

a register of the land office and a receiver of public 

moneys, for each land district established by law. 

re?e e ,vfr. nce of register and Seo. 2235. Every register and receiver shall reside at 

See all ac 
land districts. 

is directed by law to be kept. 
Bond of register and re- Sec. 2236. Every register and receiver shall, before 
loMay, i8oo, c. 55, bh. i.6, entering on the duties of his office, give bond in the 

v. 2, pp. 73, 75. 3 March, . ° „ . . Tin ■ .V l 

1853, c. us, s. 5,v. io, ,,. 2«. penal sum of ten thousand dollars, with approved secur- 
ity, for the faithful discharge of his trust. 
salads of register and 19 - Sec 2237. Every register and receiver shall be al- 
ce 80May, 1662; c. se, ». e. v. lowed an annual salary of five hundred dollars. 

12, p. 409. 20 April, 1818, c. ~, ne\n i -» • , i • • 1 T j." i. 

123, v. 3. p. 466. Sec. 2238. Registers and receivers, m addition to 

Fees and commissions of , ■, . . . , ,, , ,, -. i , i /> n • x* 

register and receiver. their salaries, shall be allowed each the following tees 

4Sept. 1841, c. 16, s. 12, v. , .' . 

5. P . 4.-,6. 21 Mar, 1864, c and commissions, namely: 

First. A fee of one dollar for each declaratory state- 
ment filed, and for services in acting on pre-emption claims. 



see aii acts establishing tne place where the laud office for which he is appointed 



ceiver. 



79 

Second. A commission of one per centum on all mon- 20 ApriI> 1818t c- 133 v 8 
eys received at each receiver's office.* p - 466 - 

Third. A commission to be paid by the homestead ^VS*' amay, &; i 
applicant, at the time of entry, of one per centum on Im^^t^iG^m. 
the cash price, as fixed by law, of the land applied for; 
and a like commission when the claim is finally established, and the 
certificate therefor issued as the basis of a patent. 

Fourth. The same commission on lands entered under 3 March 1873 c 277 s 6 
any law to encourage the growth of timber on western vl7 -p- 606 - 
prairies, as allowed when the like quantity of land is entered with 
money, t 

Fifth. For locating military bounty-land warrants 
issued since the eleventh day of February, eighteen v. io )P . a L c 2 juV/iseVc 2 
hundred and forty-seven, and for locating agricultural ' s ' ' v ' ' p " a0 ' 
college land-scrip, the same commission to be paid by the holder or as- 
signee of each warrant or scrip, as is allowed for sales of the public 
lands for cash, at the rate of one dollar and twenty-five cents per acre. 

Sixth. A fee, in donation cases, of two dollars and 3() May> 1862j c> 86? H 6j y< 
fifty cents for each final certificate for one hundred and u i&*5J ' 1880> c . 2 .1 n tP . 
sixty acres of land ; five dollars for three hundred. and 3U - 
twenty acres ; and seven dollars and fifty cents for six hundred and 
forty acres. 

Seventh. In the location of lands by States and cor- 13 ; p Ju 3 ^. 1864 ' cl96 ' ?I ' v - 
porations under grants from Congress for railroads and 
other purposes, (except for agricultural colleges), a fee of one dollar for 
each final location of one hundred and sixty acres; to be paid by the 
State or corporation making such location. 

Eighth. A fee of five dollars per diem for superintend- 24 Aprn 1820 c 51 8 5 r 
ing public-land sales at their respective offices; [and to 3 - p - 567 - ' 
each receiver, mileage in going to and returning from depositing the 
public moneys received by him.jj 

Ninth. A fee of five dollars for filing and acting upon 10 May 1872 c 152 a , 2) 
each application for patenter adverse claim filed for v - 17 >p- 95 - 
minerel lands, to be paid by the respective parties. 

Tenth. Registers and receivers are allowed, jointly, at T *l 3 ™* 3 c t 1864, c - 38> "• 4> 
the rate of fifteen cents per hundred words for testi- 
mony reduced by them to writing for claimants, in establishing pre- 
emption and homestead rights. 

Eleventh. A like fee as provided in the preceding Y .\° 7 u p ay &] m> c - 152 ' 8, 12 - 
subdivision when such writing is done in the land-office, 
in establishing claims for mineral lands. 

Twelfth. Registers and receivers in California, Oregon, ^i^'&.Sft&.Si ads 
Washington, Nevada, Colorado, Idaho, New Mexico', m\t h wylS/a®d e Mon- 
Arizona, Utah, Wyoming, and Montana, are each en- tana - 
titled to collect and receive fifty per centum on the fees and commis- 
sions provided for in the first, third, and tenth subdivisions of this 
section. 

Sec. 2239. The register for any consolidated land-dis- 
trict, in addition to the fees now allowed by law, shall 
be entitled to charge and receive for making transcripts v - 12,p - 131 

* This clause is construed. to refer only to receipts from cash, sales. It does not ap- 
ply to fees and commissions. (Circular Jauuary 23, 1880.) 

t This clause was superseded by act of March 13, 1874 (18 Stats., 21), which was in 
turn superseded by act of June 14, 1878 (20 Stats., 113; Appendix No. 15), as inter- 
preted by the decision of the First Comptroller (Copp's Land Owner, vol. ix, p. 240). 

tPart in brackets repealed, Actual expenses only allowed. Act June 16, 1874, 
Stats., vol. 18, p. 72. 



Fees of register ami re- 
ceiver for coosolidated land 
offices. 

18 Feb., 1861, c. 38, ss. 1,3, 



80 

for individuals, or furnishing any other record information respecting 
public lands or land-titles in his consolidated land-district, such fees as 
are properly authorized by the tariff existing in the local courts of his 
district ; and the receiver shall receive his equal share of such fees, and 
it shall be his duty to aid the register in the preparation of the trans- 
cripts, or giving the desired record information. 
foSTtrsand^eceTv^! " Sec. 2240. The compensation of registers and receivers, 
v. 2 i l 3, M P ! r 36: ^Aprfv'isil;" including salary, fees, and commissions, shall in no case 
i'862^rb 3 :^'6ft 6 'i2 20 p M 393.' exceed in the aggregate three thousand dollars a year 
p°4ok y ' iSi^Staiwft each ; and no register or receiver shall receive for any 
Ihbi^l'it'y.il^Vh on ® quarter or fractional quarter more than a pro-rata 
£ u j4! 86 2k^Ts59,c. 19,^: allowance of such maximum.* 

11, p. 378. 18 Feb.' 1861,' c! 

38, as. 1, 3, v. 12, p. 131.— U. 
S. .vs. Babbit, 1 Bl., 55. 

bSfmo Treas e ury! tion to Sec. 2241. Whenever the amount of compensation re- 

^^iM.^isVebT'is'fii/c'. ceivedat any land-office exceeds the maximum allowed 

38, ss. i, 3, v. 12, P . i3i. by law to any register or receiver, the excess shall be 

paid into the Treasury, as other public moneys. 

SwiSriSrSw.a.a, Sec. 2242. Xo register or receiver shall receive any 

si^e/v/ifsoe.' 1854 ' '' compensation out of the Treasury for past services who 

has charged or received illegal fees ; and, on satisfactory 

proof that either of such officers has charged or received fees or other 

rewards not authorized by law, he shall be forthwith removed from 

office. 
an?rSer?*b°en r to com! Sec. 2243. The compensation of registers and receiv- 
m 24 Feb, 1855, c. m,s. 3. v. ers, both for salary and commissions, shall commence 
10 ' p 615 and be calculated from the time they, respectively, en- 

ter on the discharge of their duties. 
is5« £e°Srl of regis ' Sec. 2244. All registers and receivers shall be ap- 
3,p.582f' 1820c ' 102sl,v ' pointed for the term of four years, but shall be remov- 
able at pleasure. 
tuSof receive^ arterly re ' Sec. 2245. The receivers shall make to the Secretary 
5, I'm 5 ? 1836 ' c ' 352, s ' 9v ' of the Treasury monthly returns of the moneys received 
in their several offices, and pay over such money pursu- 
ant to his instructions. And they shall also make to the Commissioner 
of the General Land-Office like monthly returns, and transmit to him 
quarterly accounts-current of the debits and credits of their several 

offices with the United States. 
i8ter a 3 th and m rSers d by res " Sec. 224G. The register or receiver is authorized, and 
3g ^2 June, 1840, c 35, v. 5, P . ||- s hall be their duty, to administer any oath required by 
law or the instructions of the General Land-Office, in 
connection with the entry or purchase of any tract of the public lands ; 
but he shall not charge or receive, directly or indirectly, any compensa- 
tion for administering such oath. 
tio P n e byre 8 5teS 8e imfoma " Sec. 2247. If any person applies to any register to 
5; p. J iiI: 183G ' C 352 ' e ' 13 ' v enter any land whatever, and the register knowingly and 
falsely informs the person so applying that the same 
has already been entered, and refuses to permit the person so applying 
to enter the same, such register shall be liable therefor to the person so 
applying, for $5 for each acre of land which the person so applying 
offered to enter, to be recovered by action of debt in any court of record 
having jurisdiction of the amount. 



* See note 2 at foot of the preceding page. 



81 

PRE-EMPTIONS. 

Sec. 2257. All lands belonging to the United States, ti0 ^ and8 8ubject t0 preemp " 
to which the Indian title has been or may hereafter be 12 fp.«a 1862 ' c " 9 * 8,1,T ' 
extinguished, shall be subject to the right of pre-enrp- 
tion, under the conditions, restrictions, and stipulations provided by 
law. 

Sec. 2258. The following classes of lands, unless other- emS.™ 1 8ubject topre " 
wise specially provided for by law, shall not be subject ^f^t im >< s - 1 *>*- 1 °.*- 
to the rights of pre-emption, to-wit : 

First. Lands included in any reservation by any treaty, law, or procla- 
mation of the President, for any purpose. 

Second. Lands included within the limits of any in- T ™1^. / s ; aP hs a ™ 3 ™: f. 
corporated town, or selected as the site of a city or i£i&S3i?K"£ 

"frkWri McLean, 344; U.S. vs. Rail. 

IAJWU. road Bridge Co., 6 McLean, 

Third. Lands actually settled and occupied for pur- Hemps^ST 11 V8 ' Beebe ' 
poses of trade and business," and not for agriculture. 

Fourth. Lands on which are situated any known salines or mines. 

Sec. 2259. Every person, being the head of a family, PerS0M eatitled to pre . 
or widow, or single person, over the age of twenty-one e 7s'e° P n t., wu, c im. io,v. 
years, and a citizen of the United States, or having filed 5, 5; 45 |; rs . F it ZS eraid, is 
a declaration of intention to become such, as required by ffe^iafSEri^i'S: 
the naturalization laws, who has made, or hereafter i$*&™ a $^ h f£i£ZX 
makes, a settlement in person on the public lands subject w yn * n °£6 'h™., eTKni 
to pre-emption, and who inhabits and improves the same, L% U od e Sincanf4 5 w V an h ; 
and who has erected or shall erect a dwelling thereon, 2ia 
is authorized to enter with the register of the land-office for the district 
in which such land lies, by legal subdivisions, any number of acres not 
exceeding one hundred and sixty, or a quarter section of land, to include 
the residence of such claimant, upon paying to the United States the 
minimum price of such land. 

Sec. 2260. The following class of persons, unless pre P Son not entitled t0 
otherwise specially provided for by law, shall not acquire v A, S p ep 455. 18 "' * 16 ' 8 ' 10 ' 
any right of pre-emption under the provisions of the 
preceding sections, to wit : 

First. No person who is the proprietor of three hundred and twenty 
acres of land in any State or Territory. 

Second. ISTo person who quits or abandons his residence on his own 
land to reside on the public land in the same State or Territory. 

Sec. 2261. No person shall be entitled to more than Limitation of pre-emption 
*one pre-emptive right by virtue of the provisions of sec- Ts'ept., mi, c. im. 10, v. 

,. r . , r , -1 1 " ] 1 of, • i 5, p. 455. 3 March, 1843, c. 

tion twenty-two hundred and fitty-nme; nor where a se, 8 . 4, v. 5, P . 620. 
party has filed his declaration of intention to claim the benefits of such 
provisions, for one tract of land, shall he file, at any future time, a sec- 
ond declaration for another tract. 

Sec. 2262. Before any person claiming the benefit of wh ° e a r t e h Kle ° d f p P ^ ptionist ' 
this chapter is allowed to enter lands, he shall make oath ^fSt im ' °' 16 ' s ' 13 ' v ' 
before the receiver or register* of the land district in 
which the land is situated that he has never had the benefit of any right 
of pre-emption under section twenty-two hundred and fifty-nine ; that 
he is not the owner of three hundred and twenty acres of land in any 
State or Territory ; that he has not settled upon and improved such 
land to sell the same on speculation, but in good faith to appropriate 

* Amended by act of June 9, 1880, (21 Stats., 169 ; Appendix No. 4.) 
14711 6 



82 

it to bis own exclusive use ; and that he has not, directly or indirectly, 
made any agreement or contract, in any way or manner, with any per- 
son whatever, by which the title which he might acquire from the Gov- 
ernment of the United States should inure in whole or in part to the 
benefit of any person except himself; and if any person taking such oath 
swears falsely in the premises, he shall forfeit the money which he may 
have paid for such land, and all right and title to the same ; and any 
grant or conveyance which he may have made, except in the hands of 
bona fide purchasers, for a valuable consideration, shall be null . and 
void, except as provided in section twenty-two hundred and eighty- 
eight. And it shall be the duty of the officer administering such oath 
to file a certificate thereof in the public land-office of such district, and 
to transmit a duplicate copy to the General Land-Office, either of which 
shall be good and sufficient evidence that such oath was administered 
according to law. 
proof of settlement; as- Sec 2263 Prior to anv entries being made under and 

signment of pre-emption ■, . . r» , i • • *" • o A • a j_j_ i 

rights. by virtue of the provisions ot section twenty-two hun- 

5, P S 456. ' c " ' s ' ,v ' dred and fifty-nine, proof of the settlement and improve- 

Lytleus. Arkansas, 9 How., . ,, , * • -i i ii i i a_i l' e a.' 

333; Cunninghams. Ashley, ment thereby required shall be made to the satisfaction 

14 How. .377; Barnard's Heirs „ '■ , . , , . « .-, -, -, -, . , . , . , . , 

VS . Aswey's H eir s, i8 How., of the register and receiver of the land district in which 

44; Garland vs. Wynn, 20 l i i i « -ilj_ 11 i • 

how., 6 ;Lytie»«. Arkansas, such lands he, agreeably to such rules as maybe pre- 
unde rhiiiN 9 Bi.,^25; n Lindsey scribed by the Secretary of the Interior ; and all assign- 
"*: croftTis waii^29i Myers ments and transfers of the right hereby secured, prior to 
the issuing of the patent, shall be null and void. 

statement to be fl ,ed by Sec. 2264. When any person settles or improves a 
c e hale, r ot th iands e subjecrto tract of land subject at the time of settlement to pri- 
p l v sipt.! n i84 y i,c. i6, 8 . 15, v. vate entry, and intends to purchase the same under the 
5 > »• ^- preceding provisions of this chapter, he shall, within 

thirty days after the date of such settlement, file with the register of 
the proper district a written statement, describing the land settled upon, 
and declaring his intention to claim the same under the pre-emption 
laws j and he shall, moreover, within twelve months after the date of 
such settlement, make the proof, affidavit, and payment hereinbefore 
required. If he fails to file such written statement, or to make such 
affidavit, proof, and payment within the several periods named above, 
the tract of land so settled and improved shall be subject to the entry 
of any other purchaser. 

ciaim nied by settler on Sec. 2265. Every claimant under the pre-emption law 
la 3Va?ch, r i843, rn c?8M. 8 5, 1 v. f° r iaiK l not yet proclaimed for sale is required to make 
5 'j p oi.n?on vs. Taweiey, is known his claim in writing to the register of the proper 
wan., 72. } an( j ffi C e within three months from the time of the 

settlement, giving the designation of the tract and the time of set- 
tlement ; otherwise his claim shall be forfeited and the tract awarded 
to the next settler, in the order of time, on the same tract of land, who 
has given such notice and otherwise complied with the conditions of the 
law. 

Declaratory statement ot Sec. 2266. In regard to settlements which are author- 
B wh t e 1 n er fiied aun9urveyed land ized upon unsurveyed lands, the pre-emption claimant 
12 ?V M 4io. 18Q2 ' a 86, "" 7 ' v ' shall be in all cases required to file his declaratory state- 
ment within three months from the date of the receipt at the district 
land office of the approved plat of the township embracing such pre- 
emption settlement. 

Preoption cam™*, Sec. 2267. All claimants of pre-emption rights, under 
time of making proof and ^q ^ w0 preceding sections, shall, when no shorter time 

payment. *• *^ ' * 

wV& 18r 3'&SCi8Vl; is prescribed by law, make the proper proof and pay- 
bm.m, v! ic, p . 6oi. ' ' meu t, for the land claimed within thirty months after the 



83 

date prescribed therein, respectively, for filing their declaratory notices 
has expired. 

Sec. 2268. Where a pre-emptor has taken the initia- t*Sfc£££££& 
tory steps required bylaw in regard to actual settle- ta £ SlXuSST^ s . 5j 
ment, and is called away from such settlement by be- v - 13 >p- 3& - 
ing engaged in the military or naval service of the United States, and 
by reason of such absence is unable to appear at the district land office 
to make before the register or receiver the affidavit, proof, and payment, 
respectively, required by the preceding provisions of this chapter, the 
time for filing such affidavit and making final proof and entry or loca- 
tion shall be extended six months after the expiration of his term of 
service, upon satisfactory proof by affidavit, or the testimony of wit- 
nesses, that such pre-emptor is so in the service, being filed with the 
register of the land office for the district in which his settlement is 
made. 

Sec. 2269. Where a party entitled to claim the bene- lB !^^SSSSS£ 
fits of the pre-emption laws dies before consummating et 3 M arch, i843, c . sc, 8 .2,v! 
his claim, by filing in due time all the papers essential 5 'P- 620 - 
to the establishment of the same, it shall be competent for the executor 
or administrator of the estate of such party, or one of his heirs, to file 
the necessary papers to complete the same ; but the entry in such cases 
shall be made in favor of the heirs of the deceased pre-emptor, and a 
patent thereon shall cause the title to inure to such heirs, as if their 
names had been specially mentioned. 

Sec. 2270. Whenever the vacancy of the office either ^"^^g 1ZI 
of register or receiver, or of both, renders it impossible aa-ecfe" cr receiver not t0 
for the claimant to comply with any requisition of the 5 , 3 p M 6 2a h ' 1843 ' 6 86 ' 8 " 6 ' v ' 
pre-emption laws within the appointed time, such va- 
cancy shall not operate to the detriment of the party claiming, in respect 
to any matter essential to the establishment of his claim ; but such re- 
quisition must be complied with within the same period after the disa- 
bility is removed as would have been allowed had such disability not 
existed. 

Sec. 2271. The provisions of this chapter shall be so J d ° b Z™TZ&?L£ n by 
construed as not to confer on any one a right of pre- ^if^^, c. 205, v. 5, 
emption, by reason of a settlement made on a tract p - 5,u 
theretofore disposed of, when such disposal has not been 
confirmed by the General Land Office, on account of any alleged defect 
therein. 

Sec. 2272. Nothing in the provisions of this chapter ^ t K £%nuoF'™£+?5. 
shall be construed to preclude any person, who may tio z \u^h,m3,c 86,8.9, v. 
have filed a notice of intention to claim any tract of 6 « p - 621 - 
land by pre-emption, from the right allowed by law to others to pur- 
chase such tract by private entry after the expiration of the right of 
pre-emption. 

Sec. 2273. When two or more persons settle on the- u^SC' e oi tb t"peab "2 
same tract of land, the right of pre-emption shall be in Co 4 Tept.|°i8«, c . ie, 8 . n, 
him who made the first settlement, provided such person £ vtf-jfe, v ! \i, His. 1858 ' 
conforms to the other provision of the law; and all H S™ rd 4a'r aS&l v* 8 
questions as to the right of pre-emption arising between ^^^bl'^mS 
different settlers shall be determined by the register and 555J ^. Ba ihnioi r ' »* 
receiver of the district within which the land is situated ; Tawsl ' e * 13 ' WalL > n - 
and appeals from the decision of district officers, in cases of contest for 
the right of pre-emption, shall be made to the Commissioner of the Gen- 
eral Land Office, whose decision shall be final, unless appeal therefrom 
be taken to the Secretary of Interior. 



Settlements of two 
more persona on 



84 

samTsuv Sec. 2274. When settlements have been made upon 
^wZffiSnXvn, B . i, agricultural public lands of the United States prior to 
v 17p 609 - ' the survey thereof, and it has been or shall be ascer- 

tained after the public surveys have been extended over 
such lands, that two or more settlers have iinpovements upon the same 
legal subdivision, it shall be lawful for such settlers to make joint entry of 
their lands at the local land office, or for either of said settlers to enter 
into contract with his co-settlers to convey to them their portion of said 
land after a patent is issued to him, and, after making such contract, 
to file a declaratory statement in his own name, and prove up and pay for 
said land and proof of joint occupation by himself and others, and of 
such contract with them made, shall be equivalent to proof of sole occu- 
pation and pre-emption by the applicant : Provided, That in no case shall 
the amount patented under this section exceed one hundred and sixty 
acres, nor shall this section apply to lands not subject to homestead or 
pre-emption entry. 
settlements before survey Sec. 2275. Where settlements, with a view to pre- 

on sections 16 or 36, delicien- .. . . tin it •,< « , 

ces thereof. emption, have been made before the survey of the lands 

26 Feb., 1859, c. 58, v. 11, . K „ i i i • i n -, ^ i i -t 

p. 385. m the field, which are found to have been made on sec- 

tions sixteen or thirty-six, those sections shall be subject to the pre-emp- 
tion claim of such settler; and if they, or either of them, have been or 
shall be reserved or pledged for the use of schools or colleges in the 
State or Territory in which the lands lie, other lands of like quantity are 
appropriated in lieu of such as may be patented by pre-emptors ; and 
other lands are also appropriated to compensate deficiencies for school 
purposes, where sections sixteen or thirty-six are fractional in quantity, 
or where one or both are wanting by reason of the township being frac- 
tional, or from any natural cause whatever. 

selections to supply defi- Sec. 2276. The lands appropriated by the preceding 
^£Lf mmI? 1 ^, ▼. li, section shall be selected, within the saipe land district, in 
8.'i 3 , 8 v.4,p i I 79 r ' 182b,c " ^ accordance with the/following principles of adjustment, 
to wit : For each township or fractional township containing a greater 
quantity of land than three-quarters of an entire township, one section ; 
for a fractional township containing a greater quantity of land than one- 
half, and not more than three quarters, of a township, three-quarters of 
a section ; for a fractional township containing a greater quantity of 
land than one-quarter, and not more than one-half, of a township, one- 
half section; and for a fractional township containing a greater quan- 
tity of land than one entire section, and not more than one-quarter, of 
a township, one-quarter section of land. 

Military bounty land-war- Sec. 2277. All warrants for, military bounty-lands, 
[io n ny,yn 1 e v nts! eforpreemp ' which are issued under any law of the United States, 
r.'fofp. r 3 h ' 1852, c ' 19, "' *' shall be received in payment of pre-emption rights at 
the rate of one dollar and twenty-five cents peracre, for the quantity of 
land therein specified ; but where the land is rated at one dollar and 
twenty-five cents per acre, and does not exceed the area specified in the 
warrant, it must be taken in full satisfaction thereof. 

Agricultural- college .chp Sec. 2278. Agricultural college scrip, issued to any 

ibleinpaymentofpr- g^^ ^^ ^ ^ appr0VC(l J u l y seC Ond, eighteen 

p.'i8 U '." y ' I8r0, c- 196, v ' 16, hundred and sixty-two, or acts amendatory thereof, shall 
be received from actual settlers in payment of pre-emption claims in the 
same manner and to the same extent as authorized in case of military 
bounty land- warrants, by the preceding section. 

,. lm , . lon . Sec. 2270. No person shall have the right of pre- 

Pre-emption limit along "-' a », » 

. im v m emption to more than one hundred and sixty acres 
" -<> along the line of railroads within the limits granted by 

any act of Congress. 



85 

Sec. 2280. Any settler on lands heretofore reserved t £^^S^S a tSdh!' 
on account of claims under French, Spanish, or other va 3M arch 1353,0.143, v. 10, 
grants, which have been or may be hereafter declared p - 2U 
by the Supreme Court of the United States to be invalid, shall be en- 
titled to all the rights of pre emption granted by the preceding pro- 
visions of this chapter, after the lands have been released from reserva- 
tion, in the same manner as if no reservation had existed. 

Sec. 2281. All settlers on public lands which have Pre-emption right, on ia»cu 

, , «,it n t 1 • reserved for railroads. 

been or may be withdrawn from market m consequence v March, ish, c 25, v, 10, 
of proposed railroads, and who had settled thereon prior £ i v. w, P . v»! 
to such withdrawal, shall be entitled to pre-emption at the ordinary 
minimum to the lands settled on and cultivated by them ; but they shall 
file the proper notices of their claims and make proof and payment as in 
other cases. 

Sec. 2282. Nothing contained in this chapter shall la ^%? c f . land not t0 bede - 
delay the sale of any of the public lands beyond the time p ^ P t.,i84i,c.i6, s .u, v. 5, 
appointed by the proclamation of the President. 

Sec. 2283. The Osage Indian trust and diminished- h0 ° e ? a D n e s la f d d3 in Kansas ' 
reserve lands in the State of Kansas, excepting the six- l7 *^l) 1872 ' c - 149 * 8 - x ' v - 
teenth and thirty-sixth sections in each township, shall 
be subject to disposal, for cash only, to actual settlers, in quantities not 
exceeding one hundred and sixty acres, or one-quarter section to each, in 
compact form, in accordance with the general principles of the pre-emp- 
tion laws, under the direction of the Commissioner of the General Land 
Office; but claimants shall file their declaratory statements as pre- 
scribed in other cases upon unoffered lands, and shall pay for the tracts, 
respectively, settled upon within one year from date of settlement where 
the plat of survey is on file at that date, and within one year from the 
filing of the township plat in the district office where such plat is not 
on file at date of settlement. 

Sec. 2284. The sale or transfer of his claim upon any J^%.f BV tsZJrlZ 
portion of these lands by any settler prior to the twenty- of 9 e ^ 1872j c U9> fl . 3> v . 
sixth day of April, eighteen hundred and seventy-one, lT >*- 90 - 
shall not operate to preclude the right of entry, under the provisions of 
the preceding section, upon another tract settled upon subsequent to 
such sale or transfer ; but satisfactory proof of good faith must be fur- 
nished upon such subsequent settlement. 

Sec. 2285. The restrictions of the pre-emption laws, JS^K^«£5?5SE 
contained in sections twenty -two hundred and sixty and in *£?**i mt c . i«, ... 3, v. 
twenty-two hundred and sixty-one, shall not apply to 17 >p- 90 - 
any settler on the Osage Indian trust and diminished-reserve lands in the 
State of Kansas, who was actually residing on his claim on the ninth 
day of May, eighteen hundred and seventy- two. 

Sec. 2286. There shall be granted to the several coun- Jlt™Z?™UZ. countie9 
ties or parishes of each State and Territory, where there 4| 2 P G ^ I824> c - 169>8> *• T 
are public lands, at the minimum pjrice for which pub- 
liclauds of the United States are sold, the right of pre-emption to one 
quarter-section of land, in each of the counties or parishes, in trust for 
such counties or parishes, respectively, for the establishment of seats 
of justice therein; but the proceeds of the sale of each such quarter- 
section shall be appropriated for the purpose of erecting public build- 
ings in the county or parish for which it is located, after deducting 
therefrom the amount originally paid for the same. And the seat of 
justice for such counties or parishes, respectively, shall be fixed pre- 
viously to a sale ofthe adjoining lands within the county or parish for 
which the same is located. 



86 

be^e r s e re c S'er an or rleTve,- »eo. 2287. Any bona-fide settler under the homestead 
v.ir,p p io: 1871 ' Ci21 ' s ' 16 ' or pre-emption laws of the United States who has filed 
the proper application to enter not to exceed one quar- 
ter-section of the public lands in any district land-office, and who has 
been subsequently appointed a register or receiver, may perfect the title 
to the land under the preemption laws by furnishing the proofs and 
making the payments required by law to the satisfaction of the Com- 
missioner of the General Land Office. 
Kfghtoftransferofsettiers Sec. 2288. Any person who has already settled or 
uo^^rfo^ertLnpXite hereafter may settle on the public lands, either by pre- 
p ™ e f s 3 March, i8-3, c. 266, emptioii or by virtue of the homestead law or any 
vl7,p - 602 - amendments thereto, shall have the right to transfer, 

by warranty against his own acts, any portion of his pre-emption or 
homestead for church, cemetery, or school purposes, and for the right 
of way of railroads across such preemption or homestead, and the 
transfer for such public purposes shall in no way vitiate the right to 
complete and perfect the title to their pre-emptions or homesteads. 

HOMESTEADS. 

aP pTo h pr™KubKn£. 1in " ' Sec. 2289. Every person who is the head of a family, 
i2f P M 392. 186i ' c ' 75 ' sl ' v ' or wno na s arrived at the age of twenty-one years, and 
is a citizen of the United States, or who has filed his 
declaration of intention to become such, as required by the naturali- 
zation laws, shall be entitled to enter one quarter-section or a less quan- 
tity of unappropriated public lands, upon which such person may have 
filed a pre-emption claim, or which may, at the time the application is 
made, be subject to pre-emption at one dollar and twenty -five cents 
per acre; or eighty acres or less of such unappropriated lands at two 
dollars and fifty cents per acre, to be located in a body, in conformity to 
the legal subdivisions of the public lands, and after the same have been 
surveyed. And every person owning and residing on land may, under 
the provisions of this section, enter other land lying contiguous to his 
land, which shall not, with the land so already owned and occupied, 
exceed in the aggregate one hundred and sixty acres. 

Mode of procedure. Sec. 2290. The person applying for the benefit of the 

v. 2 H, J p ne 6V. 18 2o frSU'web. preceding section shall, upon application to the register 
Ma^c'h.'fseZ'aVs.? 2 - S. of the land-office in which he is about to make such entry, 
p - 35 - make affidavit before the register or receiver that he is the 

head of a family, or is twenty-one years or more of age, or has performed 
service in the Army or Navy of the United States, and that such applica- 
tion is made for his exclusive use and benefit, and that his entry is made 
for the purpose of actual settlement and Cultivation, and not ei ther directly 
or indirectly for the use or benefit of any other person ; and upon filing 
such affidavit with the register or receiver, on payment of five dollars 
when the entry is of not more than eighty acres, and on payment of ten 
dollars when the entry is for more than eighty acres, he shall thereupon 
be permitted to enter the amount of land specified. 

certificateandpatent.whea Sec 2291. No certificate however, shall be given, or 
'^Yune.Xt'c. 127, s . 2, patent issued therefor, until the expiration of five years 
v - u>p - 67 - ' from the date of such entry; and if at the expiration of 

such time, or at any time within two years thereafter, the person mak- 
ing such entry ; or if he be dead, his widow ; or in case of her death, his 
heirs or devisee ; or in ease of a widow making such entry, her heirs or 
devisee, in ease of her death, proves by two credible witnesses that he, 
she, or they have resided upon or cultivated the same for the term of five 



87 

years immediately succeeding the time of filing the affidavit, and makes 
affidavit that no part of such land has been alienated, except as provided 
in section twenty-two hundred and eighty-eight, and that he, she, or 
they, will bear true allegiance to the Government of the United States ; 
then, in such case, he, she, or they, if at that time citizens of the United 
States, shall be entitled to a patent, as in other cases provided by 
law. 

Sec. 2292. In case of the death of both father and ^St children. the 
mother, leaving an infant child or children under T .u, J p. n £7. 18C6,c " 127 - 8 * 2 * 
twenty-one years of age., the right and fee shall inure to 
the benefit of such infant child or children ; and the executor, adminis- 
trator, or guardian may, at any time within two years after the death 
of the surviving parent, and in accordance with the laws of the State 
in which such children, for the time being, have their domicile, sell the 
land for the benefit of such infants, but for no other purpose; and the 
purchaser shall acquire the absolute title by the purchase, and be en- 
titled to a patent from the United States on the payment of the office 
fees and sum of money above specified. 

Sec. 2293. In case of any person desirous of availing J^^nS, wbStS t>" 
himself of the benefits of this chapter, but who, by rea- {or 2 \ jK°iSc. a Sf "% 
son of actual service in the military or naval service of v - 13, Pi3d - 
the United States, is unable to do the personal preliminary acts at the 
district land office which the preceding sections require; and whose 
family, or some member thereof, is residing on the land which he desires 
to enter, and upon which a bona fide improvement and settlement have 
been made, such person may make the affidavit required by law before 
the officer commanding in the branch of the service in which the party 
is engaged, which affidavit shall be as binding in law, and with like 
penalties, as if taken before the register or receiver; and upon such 
affidavit being filed with the register by the wife or other representa- 
tive of the party, the same shall become effective from the date of such 
filing, provided the application and affidavit are accompanied by the fee 
and commissions as required by law. 

Sec. 2294. In any casein which the applicant for the wa 2^i££ , 5£3 £SZ 
benefit of the homestead, and whose family, or some T .*i^S i 1864 ' c * ^ 3 * 3 ' 
member thereof, is residing on the land which he de- 
sires to enter, and upon which a bona fide improvement and settlement 
have been made, is prevented, by reason of distance, bodily infirmity, or 
other good cause, from personal attendance at the district land office, it 
may, be lawful for him to make the affidavit required by law before the 
clerk of the court for the county in which the applicant is an actual resi- 
dent, and to transmit the same, with the fee and commissions, to the reg- 
ister and receiver. 

Sec. 2295. The register of the land office shall note £^*wBatf£n^*. 
all applications under the provisions of this chapter on 12 > p 393 - 
the tract-books and plats of his office, and keep a register of all such 
entries, and make return thereof to the General Land Office, together 
with the proof upon which they have been founded. v 

Sec. 2296. No lands acquired under the provisions su 5;™ s ^ S 3 not t0 ba 
of this chapter shall in any event become liable to the 13 ft. m' 1802 ' c - 75 > 9 - 4 ' Y ' 
satisfaction of any debt contracted prior to the issu- 
ing of the patenttherefor. 

SEC. 2297. If, at any time after the filing of the affi- hon 2« ££t T&£ 
davit, as required in section twenty two hundred and m ^ L M 1S62> c . 75> B . 5(V . 
ninety, and before the expiration of the five years men- 12, p - m 
tioned in section twenty-two hundred and ninety-one, it is proved, 



88 

after due notice to the settler, to the satisfaction of the register of the 
land office, that the person having filed such affidavit has actually 
changed his residence, or abandoned the land for more than six months 
at any time, then and in that event the land so entered shall revert 
to the Government: [Provided, That where there may be climatic 
reasons the Commissioner of the General Land Office may, in his dis- 
cretion, allow the settler twelve mouths from the date of filing in which 
to commence his residence on said land under such rules and regula- 
tions as he may prescribe.]* 

Limitation of amount en- Sec. 2298. No person shall be permitted to acquire 
te » d wkvl l iS!? t S a 75 1 «. 6, v. title to more than one quarter-section under the pro- 
12,p - 393 - visions of this chapter. 

Existing pre-emption rights Sec. 2299, Nothing contained in this chapter shall be 
no 2VZy, r i862, c. 7b, s. 6, v. so construed as to impair or interfere in any manner 
12,p - 393 with existing pre-emption rights; and all persons who 

may have filed their applications for a pre-emption right prior to the 
twentieth day of May, eighteen hundred and sixty two, shall be entitled 
to all the privileges of this chapter. 

what minors may have the Sec. 2300. No person who has served, or may here- 
p 1o 1 Ma y ,l862! s c. c 75, p a?6,y. after serve, for a period not less than fourteen days in 
12p - 393 - the Army or Navy of the United States, either regu- 

lar or volunteer, under the laws thereof, during the existence of an 
actual war, domestic or foreign, shall be deprived of the benefits of 
his chapter on account of not having attained the age of twenty-one 
years. 

payments before expiration Seo. 2301. Nothing in this chapter shall be so con- 

of five years, rights of appli- , -, . . ii ■•i-i-i- 

cant. strued as to prevent any person who has availed him- 

i2,p.393; ,c ' ' B ' ' v ' self of the benefits of section twenty-two hundred and 
eighty- nine from paying the minimum price for the quantity of land so 
entered, at any time before the expiration of the five years, and obtain- 
ing a patent therefor from the Government, as in other cases directed 
by law, on making proof of settlement and cultivation as provided by 
law, granting pre-emption rights.! 

no distinction [on account Sec. 2302. No distinction shall be made in the con- 
of 2? juneriseC^'iar, s. i, struction or execution of this chapter on account of race 
v - 14 > p - c7 - ' or color ; nor shall any mineral lands be liable to entry 

and settlement under its provisions. 

21 June, 1866, c. 127,8.1, Sec. 2303. All the public lands in the States of Ala- 
v 'Re P p eaiIa. __ baina, Mississippi, Louisiana, Arkansas, and Florida 

^j.ne, i8/6, c. i6a, t. 19, gj^^ ^ e disposed of in no other manner than according 

to the terms and stipulations contained in the preceding provisions of 
this chapter. | 

soars' and saiwhome- Sec. 2304. Every private soldier and officer who has 
"Tju'ne, 1872, c. 338,8. i,y. served in the Army of the United States during the 
17 > 1>3;j3 - recent rebellion, for ninety days, and who was honor- 

ably discharged, and has remained loyal to the Government, including 
the troops mustered into the service of the United State by virtue of the, 
third section of an act approved February thirteenth, eighteen hundred 
and sixty-two, and every seaman, marine, and officer who has served in the 
Navy of the United States, or in the Marine Corps, during the rebellion, 
for ninety days, and who was honorably discharged, and has remained 

* The portion within brackets is an amendment, added by act of March 3, 1881 (21 
Slats., 611; Appendix No. 11). 
tSee act of June 9, 1880 (21 Stat., 169; Appendix No. 4.) 
t Repealed by act of June 22, 1876. 



89 

loyal to the Government, shall, on compliance with the provisions of this 
chapter, as hereinafter modified, be entitled to enter upon and receive pat- 
ents for a quantity of public lands not exceeding one hundred and sixty 
acres, or one quarter-section, to be taken in compact form, according to 
legal subdivisions, including the alternate reserved sections of public 
land along the line of any railroad or other public work, not otherwise 
reserved or appropriated, an'l other lands subject to entry under tbe 
homestead laws of the United States ; but such homestead settler shall 
be allowed six months after locating his homestead, and filing his de- 
claratory statement, within which to make his entry and commence his 
settlement and improvement. 

Sec. 2305. The time which the homestead settler has ^^SS 
served in the Army, Navy, or Marine Corps shall be ^J^ 1872 ' - 338 ' 8- ' 1 ' v- 
deducted from the time heretofore required to perfect 
title, or if discharged on account of wounds received or disability in- 
curred in the line of duty, then the term of enlistment shall be deducted 
from the time heretofore required to perfect title, without reference to 
the length of time he may have served ; but no patent shall issue to any 
homestead settler who has not resided upon, improved, and cultivated 
his homestead for a period of at least one year after he shall have com- 
menced his improvements. 

Sec. 2306. Every person entitled, under the pro vis- ^XTwo^r^VgMs'o" 
ions of section twenty-three hundred and four, to enter i 7 8 p^: 1872 ' c - m8 - 2 ' v - 
a homestead who may have heretofore entered, under 
the homestead laws, a quantity of land less than one hundred and sixty 
acres, shall be permitted to enter so much land as, when added to the quan- 
tity previously entered, shall not exceed one hundredand sixty acres. 

Sec. 2307. In case of the death of any person who widow and minor children 

tti ■ • ■ -i -i . • j i t 11 •• of persons entitled to home- 

would be entitled to a nomestead under the provisions stead, etc. 

/• ^- j. 1.1 3 j.i i i 1 i n -I • 8 June, 1872, c. 338, 8. 3, y. 

or section two thousand three hundred and four, his 17, P . 333. 
widow, if unmarried, or in case of her death or marriage, then his minor 
orphan children, by a guardian duly appointed and officially accredited 
at the Department of the Interior, shall be entitled to all the benefits 
enumerated in this chapter, subject to all the provisions as as to settle- 
ment and improvement therein contained; but if such person died dur- 
ing his term of enlistment, the whole term of his enlistment shall be 
deducted from the time heretofore required to perfect the title. 

Sec. 2308. Where a partv at the date of his entry of Actual semce in the Army 

1 . j» 1 1 lii^i j_ii i °r Navy equivalent to resi- 

a tract of land under the homestead laws, or subse- delete. 
quently thereto, was actually enlisted and employed in i7 8 i u 33l 1872 ' c-338 ' s,4 ' v ' 
the Army or Navy of the United States, his services therein shal], in the 
administration of such homestead laws, be construed to be equivalent, 
to all intents and purposes, to a residence for the same length of time 
upon the tract so entered. And if his entry has been canceled by 
reason of his absence from such tract while in the military or naval 
service of the United States, and such tract has not been disposed of, 
his entry shall be restored ; but if such tract has been disposed of, the 
party may enter another tract subject to entry under the homestead 
laws, and his right to a patent therefor may be determined by the 
proofs touching his residence and cultivation of the first tract and his 
absence therefrom in such service. 

Sec. 2309. Every soldier, sailor, marine, officer, or 8 J™£ ™? 2 °Tk% a * 5?*: 
other person coming within the provisions of sect ion 17 > p m - 
two thousand three hundred and four, may, as well by an agent as in 
person, enter upon such homestead by filing a declaratory statement, 



90 

as in pre-emption cases; but such claimant In person shall within the 
time prescribed make his actual entry, commence settlements and im- 
provements on the same, and thereafter fulfill all the requirements of 
law. 

chief,, etc., ofstockbridge Sec. 2310. Each of the chiefs, warriors, and heads of 
M rSh^65% a . d m^t families of the Stoekbriclge Munsee tribes of Indians 
v - 13, p - 562 - residing in the county of Shawano, State of Wisconsin, 

may, under the direction of the Secretary of the Interior, enter a home- 
stead and become entitled to all the benefits of this chapter, free from 
any fee or charge; and any part of their present reservation, which is 
abandoned for that purpose, may be sold, under the direction of the 
Secretary of the Interior, and the proceeds applied for the benefit of 
such Indians as may settle on homesteads, to aid them in improving 
the same. 

Exemption of homestead Sec. 2311. The homestead secured, by virtue of the 
or 3 St MarchS5 M c.l2r' s . 4, preceding section, shall not be subject to any tax, levy, 
v - 13> p - 562, or sale ; nor shall it be sold, conveyed, mortgaged, or in 

any manner encumbered, except upon the decree of the district court of 
the United States, as provided in the following Section: 

stockbridge M„nsees be- Sec. 2312. Whenever any of the chiefs, warriors, or 
TiilrchS; c. i27 )8 . 4, heads of families of the tribes mentioned in section 
vl3,p - 562 - twenty-threehundredand ten, having filed with the clerk 

of the district court of the United States a declaration of his intention to 
become a citizen of the United States, and to dissolve all relations with 
any Indian tribe, two years previous thereto, appears in such court, and 
proves to the satisfaction thereof, by the testimony of two citizens, that 
for five years last past he has adopted the habits of civilized life ; that he 
has maintained himself and family by his own industry; that he reads 
and speaks the English language; that he is well disposed to become a 
peaceable and orderly citizen; and that he has sufficient capacity to 
manage his own affairs; the court may enter a decree admitting him to 
all the rights of a citizen of the United States, and thenceforth he shall 
be no longer held or treated as a member of any Indian tribe, bat shall 
be entitled to all the rights and privileges, and be subject to all the 
duties and liabilities to taxation of other citizens of the United States. 
But nothing herein contained shall be construed to deprive such chiefs, 
warriors, or heads of families of annuities to which they are or inay be 
entitled. 



PUBLIC SALES AND PRIVATE ENTRIES. 

Sec. 2353. All the public lauds, the sale of which is authorized by 
law, shall, when offered at public sale to the highest bidder, be offered 
in half quarter-sections. 

Sec. 2354. All the public lands, when offered at private sale, may be 
purchased at the option of the purchaser in entire sections, half-sections, 
quarter-sections, half quarter-sections, or quarter quarter-sections. 

Sec. 2355. Every person making application at any of the land-offices 
of the United States for the purchase at private sale of a tract of land 
shall produce to the register a memorandum in writing, describing the 
tract, which he shall enter by the proper number of the section, half- 
section, quarter-section, half quarter-section, or quarter quarter-section 
as the case may be, and of the township and range, subscribing his 
name thereto, which memorandum the register shall file and preserve 
in his office. 



91 

Sec. 2357. The price at which the public lands are offered for sale 
shall be one dollar and twenty-five cents an acre ; and at every public 
sale, the highest bidder who makes payment as provided in the preced- 
ing section shall be the purchaser; but no land shall be sold, either at 
public or private sale, for a less price than one dollar and twenty-live 
cents an acre; and all the public lands which are hereafter offered at 
public sale according to law, and remain unsold at the close of such, 
public sales, shall be subject to be sold at private sale, by entry at the 
laud-office, at one dollar and twenty-five cents an acre, to be paid at the 
time of making such entry : Provided, That the price to be paid for 
alternate reserved lands, alon-g the line of railroads within the limits 
granted by any act of Congress, shall be two dollars and fifty cents 
per acre. 

Sec. 2358. Whenever the President is authorized to cause the public 
lands, in any land district, to be offered for sale, he may offer for sale, 
at first, only a part of the lands contained in such district, and at any 
subsequent time or times he may offer for sale in the same manner any 
other part, or the remainder of the land contained in the same. 

Sec. 2359. The public lands which are exposed to public sale by order 
of the President shall be advertised for a period of not less than three 
nor more than six months prior to the day of sale, unless otherwise 
specially provided. 

Sec. 2360. The public sales of lands shall, respectively, be kept open 
for two weeks, and no longer, unless otherwise specially provided by 
law. 

REPAYMENTS. 

* %r 4£ # ^ * * 

Sec. 23G2. The Secretary of the Interior is authorized, *£E^X n ^f«££ 
upon proof beiug made, to his satisfaction, that any ""S'Skn., is-5, c . 5, v. *, P . 
tract of land has been erroneously sold by the United v^i.T^:.' 18 ^' ' 6431 ' 
States, so that from any cause the sale can not be con- 
firmed, to repay to the purchaser, or to his legal representatives or as- 
signees, the sum of money which was paid therefor, out of any money 
in the Treasury not otherwise appropriated,* 

Sec. 23G3. Where any tract of land has been errone- JSTS^J^ certain 
ouslysold,as described in the preceding section, and u? p *$& m9, c * "» s " 2 * T " 
the money which was paid for the same has been in- 
vested in any stocks held in trust, or has been paid into the Treasury 
to the credit of any trust fund, it is lawful, by the sale of such portion 
of the stocks as may be necessary for the purpose, or out of such trust- 
fund, to repay the purchase-money to the parties entitled thereto. 



DEPOSITS FOR SPECIAL SURVEYS. 

Sec. 2401. When the settlers in any township, not mineral or reserved 
by Government, desire a survey made of the same, under the authority of 
the surveyor-general, and file an application therefor in writing, and 
deposit in a proper United States depository, to the credit of the United 
States, a sum sufficient to pay for such survey, together with all expend- 
itures incident thereto, without cost or claim for indemnity on the United 
States, it maybe lawful for the surveyor- general, under such instructions 
as may be given him by the Commissioner of the General Land Office, 
and in accordance with law, to survey such township and make return 

* Amended by act of June 16, 1860 (21 Stats., 287; Appendix No. 21). 



92 

thereof to the general and proper local land office, provided the town- 
ship so proposed to be surveyed is within the range of the regular prog- 
ress of the public surveys embraced by existing standard lines or bases 
for the township and subdivisional surveys. 

Sec. 2402. The deposit of money in a proper United States depository, 
under the provisions of the preceding section, shall be deemed an appro- 
priation of the sums so deposited for the objects contemplated by that 
section, and the Secretary of the Treasury is authorized to cause the sums 
so deposited to be placed to the credit of the proper appropriations for 
the surveying service; but any excesses in such sums over and above 
the actual cost of the surveys, comprising all expenses incident thereto, 
for which they were severally deposited, shall be repaid to the depos- 
itors respectively. 

Sec. 2403. (As amended by act of March 3, 1879.) Where settlers 
make deposits iu accordance with the provisions of section twenty-four 
hundred and one, the amount so deposited shall go in part payment for 
their lands situated in the townships, the surveying of which is paid for 
out of such deposits; or the certificates issued for such deposits maybe 
assigned by indorsement and be received in payment for any public 
lands of the United States entered by settlers under the pre-emption 
and homestead laws of the United States, and not otherwise. [Provided, 
That no certificate issued for a deposit of money for the survey of lands 
shall be received in payment for lands except at the land office in which 
the lauds surveyed for which the deposit was made are subject to entry, 
and not elsewhere; but this section shall not be held to impair, preju- 
dice, or affect iu any manner certificates issued or deposits and contracts 
made under the provisions of said act prior to the passage of this 
act.] * 

# ■ # # # # # # 

MILITARY BOUNTY LAND WARRANTS. 

raised "locaS^sHgn: Sec « 2414. A ^ warrants for military bounty lands 

^ which have been or may hereafter be issued under 

v. 2 io M P ! r 3 h ' 1852 ' c19 ' 8 ' J ' any law of the United States, and all valid locations 
n 3 P J m 1858, c " 84s ' 2 ' T ' of the same which have been or may hereafter be made, 
are declared to be assignable by deed or instrument 
of writing, made and executed according to such form and pursuant 
to such regulations as may be prescribed by the Commissioner of the 
General Land Office, so as to vest the assignee with all the rights of the 
original owner of the warrant or location. 

warrants located at $1.25: Sec. 2415. The warrants which have been or may here- 
excess P „dm,:a,h. after ^ i ssue d in pursuance of law may be located ac- 

v 2 i 2 o M p! r 3 ch ' 1852;c ' 19,e " 1, cording to the legal subdivisions of the public lands 
in one body upon any lands of the United States subject to private 
entry at the time of such location at the minimum price. When such 
warrant is located on lands which are subject to entry at a greater 
minimum than one dollar and twenty-five cents per acre, the locator shall 
pay to the United States in cash the difference between the value of such 
warrants at one dollar and twenty-five cents per acre and the tract of 
land located on. But where such tract is rated at one dol lar and twenty- 
five cents per acre, and does not exceed the area specified in the war- 
rant, it must be taken in full satisfaction thereof. 



"The portion within brackets is an amendment added by act of August 7> W82. 



93 

Sec. 2437. It shall be the duty of the Commissioner of the General 
Land Office, uuder'such regulations as may be x>rescribed by the Secre- 
tary of the Interior, to cause to be located, free of expense, any warrant 
which the holder may transmit to the General Land Office for that pur- 
pose, in such State or land district as the holder or warrantee may 
designate, and upon good farming land, so far as the same can be ascer- 
tained from the maps, plats, and field-notes of the surveyor, or from any 
other information in the possession of the local office, and, upon the 
location being made, the Secretary shall cause a patent to be trans- 
mitted to such warrantee or holder. 



BOARD OF EQUITABLE ADJUDICATION. 

Sec. 2450. The Commissioner of the General Land t^r&2^£&Sd 
Office is authorized to decide upon principles of equity ;;Tcto!" preemptlon 
and justice, as recognized in courts of equity, and in ac- p . 2 2 6 2 /VlKWt k": 
cordance with regulations to be settled by the Secretary l c []^;l^ l v . lo.^V 8 ' 53 ' 
of the Treasury [Interior : see act February 27, 1877], 
the Attorney-General, and the Commissioner, conjointly, consistently 
with such principles, all cases of suspended entries of public lands and 
of suspended pre-emption land claims, and to adjudge in what cases 
patents shall issue upon the same. 

Sec. 2451. Every such adjudication shall be approved h ™lpSd nsu,lderabove ' 
by the Secretary of the Treasury and the Attorney-Gen- 9j 3 p A ^ e - 1846, c - r8 > s - *• T - 
eral, acting as a board ; and shall operate only to divest 
the United States of the title of the lands embraced thereby, without 
prejudice to the rights of conflicting claimants. 

Sec. 2452. The Commissioner is directed to report to de f ;SSSr 8 un " 
Congress at the first session after any such adjudications 9 3 V A £ S '' m6 ' c ' 78 ' s ' 2 ' v ' 
have been made a list of the same under the classes pre- 
scribed by law, with a statement of the principles upon which each class 
was determined. 

Sec. 2453. The Commissioner shall arrange his decis- in £ e S°e 8 8 . to be arran8ed 
ions, into two classes ; the first class to embrace all such 9( *^f-' 1846 - c - 78 > B - 3 > v - 
cases of equity as may be finally confirmed by the board, 
and the second class to embrace all such cases as the board reject and 
decide to be invalid. 

Sec. 2454. For all lands covered by claims which are in ftStctaSKL£J"S 
placed in the first class, patents shalf issue to the claim- Sd sutel ' evert to th8 
ants; and all lands embraced by claims placed in the g/p/si. 8 ' 1846 ' ' 78 ' 8 -*> v - 
second class shall ipso facto revert to, and become part 
of, the public domain. 

Sec. 2455. It may be lawful for the Commissioner of m SlTuintS°confc r S 
the General Land Office to order into market, after due 9 ^^,i^,c7s, a . »,y. 
notice, without the formality and expense of a proclama- 
tion of the President, all lands of the second class, though heretofore 
unproclaimed and unoffered, and such other isolated or disconnected 
tracts or parcelsof unoffered lands which, in his judgment, it would be 
proper to expose to sale in like manner. But public notice of at least 
thirty days shall be given by the land officers of the district in which 
such lands may be situated, pursuant to the directions of the Commis- 
sioner. 

Sec. 2456. Where patents have been already issued ne i &t e £l if^f"^^ 
on entries which are confirmed by the officers who are ca 3 e Marc h , i 853 , c . i 52) s . 2 , 
constituted the board of adjudication, the Commissioner 



v. 10, p. 258. 



94 

of the General Land Office, upon the canceling of the outstanding 
patent, is authorized to issue a new patent, on such confirmation, to 
the person who made the entry, his heirs or assigns. 
Extent of forcing p™* $ EC - 2457. The preceding provisions, from section 
i0 26 June, 1856, c. 47, v. a, twenty-four hundred and fifty to section twenty-four 
p - 22 - hundred and fifty-six, inclusive, shall be applicable to 

all cases of sus pended entries and locations, which have arisen in the 
General Land Office since the twenty-sixth day of June, eighteen hund- 
red and fifty-six, as well as to all cases of a similar kind which may here- 
after occur, embracing as well locations under bounty land -warrants as 
ordinary entries or sales, including homestead entries and pre-emption 
locations or cases; where the law has been substantially complied with, 
and the error or informality arose from ignorance, accident, or mistake 
which is satisfactorily explained ; and where the rights of no other 
claimant or pre-emptor are prejudiced, or where there is no adverse 
claim. 

[The rules and regulations of the board of equitable adjudication 
will be found printed hereinafter. See Appendix No. 33.] 



CERTIFIED COPIES. 

Sec. 2469. The Commissioner of the General Land Office shall cause 
to be prepared, and shall certify, under the seal of the office, such copies 
of records, books, and papers on file in his office as may be applied for, 
to be used in evidence in courts of justice. (See sees. 461 and 891.) 

Sec. 2470. Literal exemplifications of any records Avhich have been or 
may be granted in virtue of the preceding section shall be deemed of the 
same validity in all proceedings, whether at law or in equity, wherein 
such exemplifications are adduced in evidence, as if the names of the offi- 
cers signing and countersigning the same had been fully inserted in such 
record. (Sees. 461, 891.) 

^F ^F ^P ^F w vP ^F 

APPROPRIATE REGULATIONS. 

La P n 7office^rSfore°e n thi 3 f Sec. 2478. The Commissioner of the General Land 
title Office, under the direction of the Secretary of the Inte- 

rior, is authorized to enforce and carry into execution, by appropriate 
regulations, every part of the provisions of this title not otherwise spe- 
cially provided for. 



[No. 2.] • 

PENALTY OF PERJURY. 

AN ACT to provide for the punishment of certain crimes against the United States. 

*■ # # * # # # 

Sec. 5. And be it further enacted, That in all cases where any oath, 
affirmation, or affidavit shall be made or taken before any register or 
receiver, or either or both of them, of any local land office in the United 
States or any Territory thereof, or where any oath, affirmation, or affi- 
davit shall be made or taken before any person authorized by the laws 



95 

of any State or Territory of the United States to administer oaths or 
affirmations, or take affidavits, and such oaths, affirmations, or affidavits 
are made, used, or filed in any of said local land offices, or in the Gen- 
eral Laud Office, as well in cases arising under any or either of the or- 
ders, regulations, or instructions concerning any of the public lands of 
the United States, issued by the Commissioner of the General Lriud 
Office or other proper officer of the Government of the United States, 
as under the laws of the United States, in anywise relating to or affect- 
ing any right, claim, or title, or any contest therefor, to any of the pub- 
lic lands of the United States, and if any person or persons shall, taking 
such oath, affirmation, or affidavit, knowingly, willfully, or corruptly 
swear or affirm falsely, the same shall be deemed and taken to be per- 
jury, and the person or persons guilty thereof shall, upon conviction, 
be liable to the punishment prescribed for that offense by the laws of 
the United States. 

Approved March 3, 1857. (11 Stat,, 250.) 



Revised Statutes, Sec. 5392. Every person who, having, taken an 
oath before a competent tribunal, officer, or person, in any case in which 
a law of the United States authorizes an oath to be administered, that 
he will testify, declare, depose, or certify truly, or that any written tes- 
timony, declaration, deposition, or certificate by him subscribed is true, 
willfully and coutrar}' to such oath states or subscribes any material 
matter which he does not believe to be true*, is guilty of perjury, and 
shall be punished by a fine of not more than two thousand dollars, and 
by imprisonment, at hard labor, not more than five years, and shall, 
moreover, thereafter, be incapable of giving testimony in any court of 
the United States until such time as the judgment against him is re- 
versed. (See sec. 1750.) 



[No. 3.] 

HOMESTEAD PROOF. 

AN ACT to amend section twenty-two hundred and ninety-one of the Revised Stat- 
utes of the United States, in relation to proof required in homestead entries. 

Be it enacted by the /Senate and Souse of Representatives of the United 
States of America in Congress assembled, That the proof of residence, occu- 
pation, or cultivation, the affidavit of non-alienation, and the oath of alle- 
giance, required to be made by section twenty-two huudred and ninety- 
one of the Eevised Statutes of the United States, may be made before the 
judge, or in his absence, before the clerk of any court of record of the 
county and State, or district and Territory in which the lands are sit- 
uated ; and it said lauds are situated iu any unorganized county such 
proof may be made in a similar manner in any adjacent county in said 
State or Territory; and the proof, affidavit, and oath, when so made and 
duly subscribed, shall have the same force and effect as if made before 
the register or receiver of the proper land district; and the same shall 
be transmitted by such judge, or the clerk of his court, to the register 
and the receiver, witht he fee and charges allowed by law to him ; and the 
register and receiver shall be entitled to the same fees for examining and 
approving said testimony as are now allowed by law for taking the 
same. 



96 

Sec. 2. That if any witness making such proof, or the said applicant 
making such affidavit or oath, swears falsely as to any material matter 
contained in said proof, affidavits, or oaths, the said false swearing be- 
ing willful and corrupt, he shall be deemed guilty of perjury, and shall 
be liable to the same pains and penalties as if he had sworn falsely be- 
fore the register. 

Approved March 3, 1877. (19 Stat., 403.) 



[No. 4.] 

PRE-EMPTION AND HOMESTEAD-COMMUTATION AFFIDAVITS. 

AN ACT to amend sections twenty-two hundred and sixty-two and twenty-three 
hundred and one of the Revised Statutes of the United States, in relation to the 
settler's affidavit in pre-emption and commuted homestead entries. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the affidavit required \m 
be made by sections twenty-two hundred and sixty-two and twenty three 
hundred and one of the Revised Statutes of the United States, may be 
made Before the clerk of the county court or of any court of record, of the 
county and State or district and Territory in which the lands are situated; 
and if said lands are situated in any unorganized county, such affidavit 
may be made in a similar manner in any adjacent county in said State 
or Territory, and the affidavit so made and duly subscribed shall have 
the same force and effect as if made before the register or receiver of 
the proper land district; and the same shall be transmitted by such 
clerk of the court to the register and receiver with the fee and charges 
allowed by law. 

Approved June 9, 1880. (21 Stat., 169.) 



[No. 5.] 

FINAL PROOF NOTICE. 

AN ACT to provide additional regulations for homestead and pre-emption entries of 

public lands. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That before final proof shall be 
submitted by any person claiming to enter agricultural lands under 
the laws providing for pre-emption or homestead entries, such person 
shall file with the register of the proper land office a notice of his or her 
intention to make such proof, stating therein the description of lands to 
be entered, and the names of the witnesses by whom the necessary facts 
will be established. Upon the riling of such notice the register shall 
publish a notice, that such application has been made, once a week for 
the period of thirty days, in a newspaper to be by him designated as 
published nearest to such land, and he shall also post such notice in 
some conspicuous place in his office for the same period. Such notice 
shall contain the names of the witnesses as stated in the application. 
At the expiration of said period of thirty days the claimant shall be en- 
titled to make proof in the manner heretofore provided by law. The 
Secretary of the Interior shall make all necessary rules for giving effect 
to the foregoing provisions. 

Approved March 3, 1879. (20 Stat , 472.) 



97 

[No. 6.] 

CHANGE OF PEE-EMPTION FILING TO HOMESTEAD ENTRY. 
AN ACT for the relief of settlers on the public lands under the pre-emption laws* 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That any person who has made 
a settlement on the public lands under the pre-emption laws, and has 
subsequent to such settlement changed his filing in pursuance of law 
to that for a homestead entry upon the same tract of land, snail be 
entitled, subject to all the provisions of the law relating to homesteads, 
to have the time required to perfect his title under the homestead laws 
computed from the date of his original settlement heretofore made, or 
hereafter to be made, under the pre-emption laws. 

Approved June 14/1878. (20 Stat., 113.) 



[STo. 7.] 

RELINQUISHMENTS — CONTESTANT'S PREFERENCE— HOMESTEAD SET- 
TLEMENTS. 

AN ACT for the relief of settlers on public lands. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That when a pre-emption, home- 
stead, or timber-culture claimant shall file a written relinquishment of 
his claim in the local land office, the land covered by such claim shall 
be held as open to settlement and entry without further action on the 
part of the Commissioner of the General Land Office. 

Sec. 2. In all cases where any person has contested, paid the land- 
office fees, and procured the cancellation of any pre-emption, homestead, 
or timber-culture entry, he shall be notified by the register of the land 
office of the district in which such land is situated of such cancellation, 
and shall be allowed thirty days from date of such notice to enter said 
lands: Provided, That Said register shall be entitled to a fee of one dollar 
for the giving of such notice, to be paid by the contestant, and not to 
be reported. 

Sec. 3. That any settler who has settled, or who shall hereafter settle, 
on any of the public lands of the United States, whether surveyed or 
unsurveyed, with the intention of claiming the same under the home- 
stead laws, shall be allowed the same time to file his homestead appli- 
cation and perfect his original entry in the United States Land Office as 
is now allowed to settlers under the preemption laws to put their claims 
on record, and his right shall relate back to the date of settlement, the 
same as if he settled under the pre-emption laws. 

Approved May 14, 1880. (21 Stat., 140.) 



[No. 8.] 

SETTLEES WHO BECOME INSANE. 

AN ACT to provide for issuing r>atents for public lands claimed und(y the pre-emp- 
tion and homestead laws, in cases where the settlers have become insane. 

Beit enacted by the Senate and House of Representatives of the United 
States of Americain Congress assembled, That in all cases In which parties 
14711 7 



98 

who regularly initiated claims to public lands as settlers thereon accord- 
ing to the provisions of the pre-emption or homestead laws, have become 
insane or shall hereafter become insane before the expiration of the time 
during which their residence, cultivation, or improvement of the land 
claimed by them is required by law to be continued in order to entitle 
them to make the proper proof and perfect their claims, it shall be law- 
ful for the required proof and payment to be made for their benefit by 
any person who may be legally authorized to act for them during their 
disability, and thereupon their claims shall be confirmed and patented, 
provided it shall be shown by proof satisfactory to the Commissioner 
of the G-eneral Land Office that the parties complied in good faith with 
the legal requirements uj* to the time of their becoming insane, and the 
requirements in homestead entries of an affidavit of allegiance by the 
applicant in certain cases as a prerequisite to the issuing of the patents 
shall be dispensed with so far as regards such insane parties. 
Approved June 8, 18S0. (21 Stat., 166.) 



[No. 9.] ' 

INJURY OR DESTRUCTION OF CROPS BY GRASSHOPPERS. 

AN ACT for the relief of settlers on the public lands in districts subject to grass- 
hopper incursions. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be lawful for home- 
stead and preemption settlers on the public lands, and in all cases 
where pre-emptions ar.e authorized by law, where crops have been or 
may be destroyed or seriously injured by grasshoppers, to leave and be 
absent from said lands under such rules and regulations, as to proof of 
the same, as the Commissioner of the General Land Office shall pre- 
scribe; but in no case shall such absence extend beyond one year con- 
tinuously; and during such absence no adverse rights shall attach to 
said lands, such settlers being allowed to resume and perfect their set- 
tlement as though no such absence had occurred. 

Sec. 2. That the time for making final proof and payment by prc- 
emptors whose crops shall have been destroyed or injured as aforesaid 
may, in the discretion of the Commissioner of the General Land Office s 
be extended for one year after the expiration of the term of absence 
provided for in the first section of this act ; and all the rights and priv- 
ileges extended by this act to homestead and pre-emption settlers shall 
apply to and include the settlers under an act entitled "An act to en- 
courage the growth of timber on western prairies," approved March 
third, eighteen hundred and seventy- three, and the acts amendatory 
thereof. 

Approved July 1, 1879. (21 Stat., 48.) 



[No. 10.] 

CLIMATIC HINDRANCES. 

AN ACT to amend section 2297 of the Revised Statutes, relating to homestead set- 
tlers. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That section numbered twenty- 
two hundred and ninety-seven, of title numbered thirty-two, be amended 



99 

by addiDg thereto the following proviso, namely: Provided, That where 
there may be climatic reasons the Commissioner of the General Land 
Office may, in his discretion, allow the settler twelve months from the 
date of filing in which to commence his residence on said land under 
such rules aud regulations as he may prescribe. 
Approved March 3, 1881. (21 Stat., 511.) 



[No. 11.] 

SETTLERS WITHIN RAILROAD LIMITS. 

AN ACT to grant additional rights to homestead settlers on public lands within 

railroad limits. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That from and after the passage 
of this act, theeven sections within the limits of any grant of public lands 
to any railroad company, or to any military road company, or to any 
State in aid of any railroad or military road, shall be open to settlers 
under the homestead laws to the extent of one hundred and sixty acres 
to each settler, and any person who has, under existing laws, taken a 
homestead on any even section within the limits of any railroad or mili- 
tary road land-grant, and who by existing laws shall have been re- 
stricted to eighty acres, may enter under the homestead laws an addi- 
tional eighty acres adjoining the land embraced in his original entry, 
if such additional land be subject to entry ; or if such person so elect, 
he may surrender his entry to the United States for cancellation, and 
thereupon be entitled to enter lands under the homestead laws the same 
as if the surrendered entry had not been made. And any person so 
making additional entry of eighty acres, or new entry after the sur- 
render and cancellation of his original entry, shall be permitted so to 
do without payment of fees and commissions ; and the residence and 
cultivation of such person upou and of the land embraced in his orig- 
inal entry shall be considered residence and cultivation for the same 
length of time upon and of the land embraced in his additional or new 
entry, and shall be deducted from the five years' residence and cultiva- 
tion required by law : Provided, That in no case shall patent issue upon 
an additional or new homestead entry under this act until the person 
has actually, and in conformity with the homestead laws, occupied, re- 
sided upon, and cultivated the land embraced therein at least one year. 

Approved March 3, 1879. (20 Stat., 472.) 



[No. 12.] 

SETTLERS WITHIN RAILROAD LIMITS. 

AN ACT to grant additional rights to homestead settlers on public lands within rail- 
road limits in the States of Missouri and Arkansas. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That from and after the pas- 
sage of this act the odd sections within the limits of any grant of pub- 
lic lands to any railroad company in the States of Missouri and Arkan- 
sas, or to such States respectively, in aid of any railroad, where the 
even sections have been granted to and received by any railroad com- 



100 

pany or by such States respectively in aid of any railroad, shall be 
open to settlers under the homestead laws to the extent of one hundred 
and sixty acres to each settler ; and any person who has under existing 
laws taken a homestead on any section within the limits of any rail- 
road grant in said States, and who by existing laws shall have been re- 
stricted to eighty acres, may enter under the homestead laws an addi- 
tional eighty acres adjoining the land embraced in his original entry, 
if such additional land be subject to entry ; or if such person so elect, 
he may surrender his entry to the United States for cancellation, and 
thereupon be entitled to enter lands under the homestead laws the same 
as if the surrendered entry had not been made. And any person so 
making additional entry of eighty acres, or new entry after the cancel- 
lation of his original entry, shall be permitted to do so without pay- 
ment of fees or commissions ; and the residence of such person upon 
and cultivation of the land embraced in his original entry shall be con- 
sidered residence and cultivation for the same length of time upon and 
of the land embraced in his additional Or new entry, and shall be de- 
ducted from the five years' residence and cultivation required by law : 
Provided, That in no case shall patent issue upon an additional or new 
homestead entry under this act until the person has actually, and in 
conformity with the homestead laws, occupied, resided upon, and cul- 
tivated the land embraced therein at least one year. 
Approved July 1, 1879. (21 Stat., 46.) 



[No. 13.] 

SETTLERS WITHIN RAILROAD LIMITS. 

AN ACT to protect homestead settlers within railway limits and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That all homestead settlers on 
public lands within the railway limits restricted to less than one hun- 
dred and sixty acres of land, who have heretofore made or may here- 
after make the additional entry allowed either by the act approved March 
third, eighteen hundred and seventy-nine, or the act approved July 
first, eighteen hundred and seventy-nine, after having made final proof 
of settlement and cultivation under the original entry, shall be entitled 
to have the lands covered by the additional entry patented without any 
further cost or proof of settlement and cultivation. 

Approved, May 6, 1886. (24 Stat., 22.) 



[No. 14.] 

SETTLERS ON RESTORED RAILROAD LANDS. 

AN ACT for the relief of certain settlers on restored railroad lands. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That all persons who shall have 
Settled and made valuable and permanent improvements upon any odd- 



101 

numbered section of land within any railroad withdrawal in good faith 
and with the permission or license of the railroad company for whose 
benefit the same shall have been made, and with the expectation of pur- 
chasing of such company the land so settled upon, which land so settled 
upon and improved may, for any cause, be restored to the public do- 
main, and who, at the time of such restoration, may not be entitled to 
enter and acquire title to such land under the pre-emption, homestead, 
or timber-culture acts of the United States, shall be permitted at any 
time within three months after such restoration, and under such rules 
and regulations as the Commissioner of the General Laud Office may 
prescribe, to purchase not to exceed one hundred and sixty acres in ex- 
tent of the same by legal subdivisions, at the price of two dollars and 
fiftv cents per acre, and to receive patents therefor 
Approved January 13, 1881. (21 Stat., 315.) 



[No. 15.] 

TIMBER TRESPASS CONDONED — PURCHASE BY HOMESTEAD CLAIM- 
ANTS — REDUCTION OF PRICE — ACT OF JUNE 15, 1880. 

AN ACT relating to the public lands of the United States. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That when any lands of the 
United States shall have been entered and the Government price paid 
therefor in full no criminal suit or proceeding by or in the name of the 
United States shall thereafter be had or further maintained for any tres- 
passes upon or for or on account of any material taken from said lands 
and no civil suit or proceeding shall be had or further maintained for or 
on account of any trespasses upon or material taken from the said lands 
of the United States in the ordinary clearing of land, in working a mining 
claim or for agricultural or domestic purposes or for maintaining im- 
X^rovements upon the land of any bona fide settler or for or on account 
of any timber or material taken or used by any person without fault or 
knowledge of the trespass or for or on account of any timber taken or 
used without fraud or collusion by any person who in good faith paid 
the officers or agents of the United States for the same or for or on ac- 
count of any alleged conspiracy in relation thereto : Provided, That the 
provisions of this section shall apply only to trespasses and acts done 
or committed and conspiracies entered into prior to March first, eighteen 
hundred and seventy-nine : And provided further, That defendants in 
such suits or proceedings shall exhibit to the proper courts or officer the 
evidence of such entry and payment and shall pay all costs accrued up 
to the time of such entry. 

Sec. 2. That persons who have heretofore under any of the homestead 
laws entered lands properly subject to such entry, or persons to whom 
the right of those having so entered for homesteads, may have been at- 
tempted to be transferred by bona fide instrument in writing, may en- 
title themselves to said lands by paying the Government price therefor, 
and in no case less than one dollar and twenty-five cents per acre, and 
the amount heretofore paid the Government upon said lands shall be 
taken as part payment of said price : Provided, This shall in nowise 
interfere with the rights or claims of others who may have subsequently 
entered such lands under the homestead laws. 



102 

Sec. 3. That tbe price of lands now subject to entry which were raised 
to two dollars and fifty cents per acre, and put in market prior to January, 
eighteen hundred and sixty-one, by reason of the grant of alternate sec- 
tions for railroad purposes is hereby reduced to one dollar and twenty- 
five cents per acre. 

Sec. 4. This act shall not apply to any of the mineral lands of the 
United States ; and no person who shall be prosecuted for or proceeded 
against on account of any trespass committed or material taken from 
any of the public lands after March first, eighteen hundred and seventy- 
nine, shall be entitled to the benefit thereof. 

Approved June 15, 1880. (21 Stat., 237.) 



[No. 16.] 

INDIAN HOMESTEADS. 

AN ACT making appropriations for the current and contingent expenses of the In- 
dian Department, and for fulfilling treaty stipulations with various Indian tribes, 
for the year ending June thirtieth, eighteen hundred and eighty-five, and for other 
purposes. 



That such Indians as may now be located on public lands, or as may 
under the direction of the Secretary of the Interior, or otherwise, here- 
after so locate may avail themselves of the provisions of the homestead 
laws as fully and to the same extent as may now be done by citizens of 
the United States ; and to aid such Indians in making selections of 
homesteads and the necessary proofs at the proper land offices, one 
thousand dollars, or so much thereof as may be necessary, is hereby ap- 
propriated ; but no fees or commissions shall be charged on account of 
said entries or proofs. All patents therefor shall be of the legal effect, 
and declare that the United States does and will hold the land thus en- 
tered for the period of twenty-five years, in trust for the sole use and 
benefit of the Indian by whom such entry shall have been made, or, in 
case of his decease, of his widow and heirs according to the laws of the 
State or Territory where such land is located, and at the expiration of 
said period the United States will convey the same by patent to said 
Indian, or his widow and heirs as aforesaid, in fee, discharged of said 
trust and free of all charge or incumbrance whatsoever. 

Approved July 4, 1884. (23 Stat,, 96.) 



[No. 17.] 

TIMBER CULTURE. 

AN ACT to amend an act entitled "An act to encourage the growth of timber on the 

Western Prairies." 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the act entitled "An act to 
amend the act entitled 'An act to encourage the growth of timber on 
Western Prairies,'" approved March thirteenth, eighteen hundred and 



103 

seventy-four, be, and the same is hereby, amended so as to read as fol- 
lows : That any person who is the head of a family, or who has arrived 
at the age of twenty-one years, and is a citizen of the United States, or 
who shall have filed his declaration of intention to become such, as re- 
quired by the naturalization laws of the United States, who shall plant, 
protect, and keep in a healthy, growing condition for eight years ten 
acres of timber, on any quarter-section of any of the public lands of 
the United States, or five acres on any legal subdivision of eighty acres, 
or two and one-half acres on any legal subdivision of forty acres or 
less, shall be entitled to a patent for the whole of said quarter-section, 
or of such legal subdivision of eighty or forty acres, or fractional sub- 
division of less than forty acres, as the case may be, at the expiration 
of said eight years, on making proof of such fact by not less than 
two credible witnesses, and a full compliance of the further conditions 
as provided in section two : Provided further, That not more than one 
quarter of any section shall be thus granted, and that no person shall 
make more than one entry under the provisions of this act. 

Sec. 2. That the person applying for the benefits of this act shall, upon 
application to the register of the land district in which he or she is about 
to make such entry, make affidavit, before the register or the receiver, 
or the clerk of some court of record, or officer authorized to administer 
oaths in the district where the land is situated; which affidavit shall be 

as follows, to wit: I, , having filed my application, number 

, for an entry under the provisions of an act entitled "Au act to 

amend an act entitled 'An act to encourage the growth of timber on the 

western prairies,'" approved , eighteen hundred and seven ty- 

, do solemnly swear (or affirm) that I am the head of a family (or 

over twenty-one years of age), and a citizen of the United States (or 
have declared my intention to become such); that the section of land 
specified in my said application is composed exclusively of prairie lands, 
or other lands devoid of timber; that this filing and entry is made for the 
cultivation of timber, and for my own exclusive use and benefit; that I 
have made the said application in good faith, and not for the purpose 
of speculation, or directly or indirectly for the use or benefit of any other^ 
person or persons whomsoever; that I intend to hold and cultivate the* 
land, and to fully comply with the provisions cf this said act, and that 
I have not heretofore made an entry under this act, or the acts of which 
this is amendatory. And upon filing said affidavit with said register 
and said receiver, and on payment of ten dollars if the tract applied for 
is more than eighty acres, and five dollars if it is eighty acres or less, 
he or she shall thereupon be permitted to enter the quantity of land 
specified; and the party making an entry of a quarter-section under the 
provisions of this act shall be required to break or plow five acres covered 
thereby the first year, five acres the second year, and to cultivate to 
crop or otherwise the five acres broken or plowed the first year; the 
third year he or she shall cultivate to crop or otherwise the five acres 
broken the second year, and to plant in timber, seeds, or cuttings the 
five acres first broken or plowed, and to cultivate and put in crop or 
otherwise the remaining five acres, and the fourth year to plant in timber, 
seeds, or cuttings the remaining five.acres. All entries of less quantity 
than one quarter-section shall be plowed, planted, cultivated and planted 
to trees, tree-seeds, or cuttings, in the same manner and in the same 
proportion as hereinbefore provided for a quarter-section: Provided, 
however, That in case such trees, seeds, or cuttings shall be destroyed 
by grasshoppers, or by extreme and unusual drouth, for any year or 



104 

term of years, the time for planting such trees, seeds, or cuttings shall 
be extended one year for every such year that they are so destroyed: 
Provided further ', That the person making such entry shall, before he or 
she shall be entitled to such extension of time, file with the register and 
the receiver of the proper land office an affidavit, corroborated by two 
witnesses, setting forth the destruction of such trees, and that, in con- 
sequence of such destruction, he or she is compelled to ask an extension 
of time, in accordance with the provisions of this act: And provided 
further, That no final certificate shall be given, or patent issued, for the 
land so entered, until the expiration of eight years from the date of such 
entry; and if, at the expiration of such time, or at anytime within five 
years thereafter, the person making such entry, or, if he or she be dead, 
his or her heirs or legal representatives, shall prove by two cralible wit- 
nesses that he or she or they have planted, and, for not less than eight 
years, have cultivated and protected such quantity and character of 
trees as aforesaid; that not less than twenty-seven hundred trees were 
planted on each acre, and that at the time of making such proof there 
shall be then growing at least six hundred and seventy-five living and 
thrifty trees to each acre, they shall receive a patent for such tract of 
land. 

Sec. 3. That if at any time after the filing of said affidavit, and prior 
to the issuing of the patent for said land, the claimant shall fail to com- 
ply with any of the requirements of this act, then and in that event 
such land shall be subject to entry under the homestead laws, or by 
some other person under the provisions of this act: Provided, That the 
party making claim to said land, either as a homestead settler or under 
this act, shall give, at the time of filing his application, such notice to 
the original claimant as shall be prescribed by the rules established by 
the Commissioner of the General Land Office; and the rights of the 
parties shall be determined as in other contested cases. 

Sec. 4. That no land acquired under the provisions of this act shall, 
in any event, become liable to the satisfaction of any debt or debts con- 
tracted prior to the issuing of the final certificate therefor. 

Sec. 5. That the Commissioner of the General Land Office is hereby 
.required to prepare and Issue such, rules and regulations, consistent 
with this act, as shall be necessary and proper to carry its provisions 
into effect; and that the registers and receivers of the several land offices 
shall each be entitled to receive two dollars at the time of entry, and 
the like sum when the claim is finally established and the final certifi- 
cate issued. 

Sec. 6. That the fifth section of the act entitled "An act in addition 
to an act to punish crimes against the United States, and for other pur- 
poses," approved March third, eighteen hundred and fifty-seven, shall 
extend to all oaths, affirmations, and affidavits required or authorized 
by this act. 

Sec. 7. That parties who have already made entries under the acts 
approved March third, eighteen hundred and seventy-three, and March 
thirteenth, eighteen hundred and seventy-four, of which this is amend- 
atory, shall be permitted to complete the same upon full compliance 
with the provisions of this act; that is, they shall, at the time of making 
their final proof, have had under cultivation, as required by this act, 
an amount of timber sufficient to make the number of acres required by 
this act. 

Sec. 8. All acts and parts of acts in conflict with this act are hereby 
repealed. 

Approved, June 14, 187S. (20 Stat., 113.) 



105 

[No. 18.] 

TIMBER AND STONE ENTRIES. 

AN ACT for the sale of timber laud.3 in the States of California, Oregon, Nevada, 

and in Washington Territory. 

Be it enacted by the Senate and Souse of Representatives of the United 
iStates of America in Congress assembled, That surveyed public lands of 
the United States within the States of California, Oregon, and Nevada, 
and in Washington Territory, not included within military, Indian, or 
other reservations of the United States, valuable chiefly for timber, but 
unfit for cultivation, and which have not been offered at public sale ac- 
cording to law, may be sold to citizens of the United States, or persons 
who have declared their intention to become such, in quantities not ex- 
ceeding one hundred and sixty acres to any one person or association of 
persons, at the minimum price of two dollars and fifty cents per acre; 
and lands valuable chiefly for stone may be sold on the same terms as 
timber lands : Provided, That nothing herein contained shall defeat or 
i in pair any bona fide claim under any law of the United States, or au- 
thorize the sale of any mining claim, or the improvements of any bona- 
fide settler, or lands containing gold, silver, cinnabar, copper, or coal, or 
lands selected by the said States under any law of the United States 
donating lands for internal improvements, education, or other purposes : 
And provided further, That none of the rights conferred by the act ap- 
proved July twenty-sixth, eighteen hundred and sixty- six, entitled "An 
act granting the right of way to ditch and canal owners over the public 
lands, and for other purposes," shall be abrogated by this act; and all 
patents granted shall be subject to any vested and accrued water rights, 
or rights to ditches and reservoirs used in connection with such water 
rights, as may have been acquired under and by the provisions of said 
act ; and such rights shall be expressly reserved in any patent issued 
under this act. 

Sec. 2. That any person desiring to avail himself of the provisions of 
this act shall file with the register of the proper district a wTitten state- 
ment in duplicate, one of which is to be transmitted to the General 
Land office, designating by legal subdivisions the particular tract of 
land he desires to purchase, setting forth that the same is unfit for cul- 
tivation, and valuable chiefly for its timber or stone; that it is unin- 
habited; contains no mining or other improvements, except for ditch 
or canal purposes, where any such do exist, save such as were made by 
or belong to the applicant, nor, as deponent verily believes, any valua- 
ble deposit of gold, silver, cinnabar, copper, or coal ; that deponent has 
made no other application under this act ; that he does not apply to pur- 
chase the same on speculation, but in good faith to appropriate it to his 
own exclusive use and benefit; and that he has not, directly or indirectly, 
made any agreement or contract, in any way or manner, with any per- 
son or persons whatsoever, by which the title which he might acquire 
from the Government of the United States should inure, in whole or 
in part, to the benefit of any person except himself; which statement 
must be verified by the oath of the applicant before the register or the 
receiver of the land-office within the district where the land is situated ; 
and if any person taking such oath shall swear falsely in the premises, 
he shall be subject to all the pains and penalties of perjury, and shall 
forfeit the money which he may have paid for said lands, and all right 
and title to the same ; and any graut or conveyance which he may have 
made, except in the hands of bona-fide purchasers, shall be null and 
void. 



106 

Sec. 3. That upon the filing of said statement, as provided in the sec- 
ond section of this act, the register of the land-of6.ce shall post a notice of 
such application, embraci og a description of the land by legal subdivisions, 
in his office, for a period of sixty days, and shall furnish the applicant a 
copy of the same for publication, at tbe expense of such applicant, in a 
newspaper published nearest the location of the premises, for a like 
period of time 5 and after the expiration of said sixty days, if no adverse 
claim shall • have been filed, the person desiring to purchase shall fur- 
nish to the register of the land office satisfactory evidence, first, that 
said notice of the application prepared by the register as aforesaid was 
duly published in a newspaper as herein required ; secondly, that the 
land is of the character contemplated in this act, unoccupied and with- 
out improvements, other than those excepted, either mining or agri- 
cultural, and that it apparently contains no valuable deposits of gold, 
silver, cinnabar, copper, or coal ; and upon payment to the proper officer 
of the purchase-money of said land, together with the fees of the regis- 
ter and the receiver, as provided for in case of mining claims in the 
twelfth section of the act approved May tenth, eighteen hundred and 
seventy-two, the applicant may be permitted to enter said tract, and, 
on the transmission to the General Land Office of the papers and testi- 
mony in the case, a patent shall issue thereon: Provided, That any 
person having a valid claim to any portion of the land may object, in 
writing, to the issuance of a patent to lands so held by him, stating the 
nature of his claim thereto; and evidence shall be taken, and the merits 
of said objection shall be determined by the officers of the land office, 
subject to appeal, as in other land cases. Effect shall be given to the 
foregoing provisions of this act by regulations to be prescribed by the 
Commissioner of the General Land Office. 

* «u» -st -v 4fe $k dk 

TT "W" TP TT "TT w 

Sec. 6. That all acts and parts of acts inconsistent with the provisions 
of this act are hereby repealed. 
Approved June 3, 1878. (20 Stat., 89.) 



[No. 19.] 

DESEXJT LANDS. 

AN ACTto provide for the sale of desert lands in certain States and Territories. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be lawful for any 
citizen of the United States, or any person of requisite age " who maybe 
entitled to become a citizen, and who has filed his declaration to become 
such," and upon payment of twenty- five cents per acre, to file a declara- 
tion, under oath, with the register and the receiver of the land district in 
which any desert land is situated, that he intends to reclaim a tract of 
desert land, not exceeding one section, by conducting water upon the 
same within the period of three years thereafter : Provided, however, 
That the right to the use of water by the person so conductingthesame 
on or to any tract of desert land of, six hundred and forty acres shall 
depend upon bona fide prior appropriation ; and such right shall no t 
exceed the amount of water actually appropriated and necessarily used 
for the purpose of irrigation and reclamation 5 and all surplus water over 
and above such actual appropriation and use, together with the wat.pr 



107 

of all lakes, rivers, and other sources of water supply upon the public 
lands, and not navigable, shall remain and be held free for the appro- 
priation and use of the public for irrigation, mining, and manufacturing 
purposes subject to existing rights. Said declaration shall describe par- 
ticularly said section of land if surveyed, and if unsurveyed shall describe 
the same as nearly as possible without a survey. At any time within 
the period of three years after filing said declaration, upon making sat- 
isfactory proof to the register and receiver of the reclamation of said 
tract of land in the manner aforesaid, and upon the payment to the 
receiver of the additional sum of one dollar per acre for a tract of land 
not exceeding six hundred and forty acres to any one person, a patent 
for the same shall 15b issued to him : Provided, That no person shall be 
permitted to enter more than one tract of land, and not to exceed six 
hundred and forty acres, which shall be in compact form. 

Sec. 2. That all lands exclusive of timber lands and mineral lands 
which will not, without irrigation, produce some agricultural crop, shall 
be deemed desert lands within the meaning of this act, which fact shall 
be ascertained by proof of two or more credible witnesses under oath, 
whose affidavits shall be filed in the land-office in which said tract of 
land may be situated. 

Sec. 3. That this act shall only apply to and take effect in the States 
of California, Oregon, and Nevada, and the territories of Washington, 
Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, 
and the determination of what may be considered desert land shall be 
subject to the decision and regulation of the Commissioner of the Gen- 
eral Land Office. 

Approved March 3, 1877. (19 Stat., 377.) 



[No. 20.] 

SALT SPRINGS. 
AN ACT providing for the sale of saline lands. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That whenever it shall be made 
appear to the register and the receiver of any land -office of the United 
States that any lands within their district are saline in character, it shall 
be the duty of said register and said receiver, under the regulation of 
the General Land Office, to take testimony in reference to such lands 
to ascertain their true character, and to report the same to the General 
Land Office ; and if, upon such testimony, the Commissioner of the 
General Land Office shall find that such lands are saline and incapable 
of being purchased under any of the laws of the United States relative 
to the public domain, then, and in such case, such lands shall be offered 
for sale by public auction at the local land- office of the district in which 
the same shall be situated, under such regulations as shall be pre- 
scribed by the Commissioner of the General Land Office, and sold 
to the highest bidder for cash at a price not less than one dollar and 
twenty-five cents per acre; and in case said lauds fail to sell when so 
offered, then the same shall be subject to private sale at such land- 
office, for cash, at a price not less than one dollar and twenty-five 
cents per acre, in the same manner as other lands of the United States 
are sold : Provided, That the foregoing enactments shall not apply to 



108 

any State or Territory which has not had a. grant of salines by act of 
Congress, nor to any State which may have had such a grant, until 
either the grant has been fully satisfied, or the right of selection there- 
under has expired by efflux of time. But nothing in this act shall au- 
thorize the sale or conveyance of any title other than such, as the 
United States has, and the patents issued shall be in the form of a re- 
lease and quit-claim of all title of the United States in such lands. 

Sec. 2. That all executive proclamations relating to the sales of pub- 
lic lands shall be published in only one newspaper, the same to be 
printed and published in the State or Territory where the lands are 
situated, and to be designated by the Secretary of the Interior. 

Approved January 12, 1877. (19 Stat., 221.) * 



[No. 21.] 

REPAYMENTS. 

AN ACT for the relief of certain settlers on the public lands, and to provide for the 
repayment of certain fees, purchase money, and commissions paid on void entries 
of public lands. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That in all cases where it shall, 
upon due proof being made, appear to the satisfaction of the Secretary 
of the Interior that innocent parties have paid the fees and commissions 
and excess payments required upon the location of claims under the act 
entitled "An act to amend an act entitled 'A.n act to enable honorably 
discharged soldiers and sailors, their widows and orphan children, to 
acquire/homesteads on the publiclandsof the United States, 7 and amend- 
ments thereto, 57 approved March third eighteen hundred and seventy- 
three, and now incorporated in section twenty-three hundred and six of 
the Eevised Statutes of the United States, which said claims were, after 
such location, found to be fraudulent and void, and the entries or loca- 
tions made thereon canceled, the Secretary of the Interior is authorized 
to repay to such innocent parties the fees and commissions, and excess 
payments paid by them, upon the surrender of the receipts issued 
therefor by the receivers of public moneys, out of any money in the 
Treasury not otherwise appropriated, and shall be payable out of the 
appropriation to refund purchase money on lands erroneously sold by 
the United States. 

Sec. 2. In all cases where homestead or timber-culture or desert-land 
entries or other entries of public lands have heretofore or shall hereafter 
be canceled for conflict, or where, from any cause, the entry has been 
erroneously allowed and can not be confirmed, the Secretary of the In- 
terior shall cause to be repaid to the person who made such entry, or to 
his heirs or assigns, the fees and commissions, amount of purchase 
money, and excess paid upon the same upon the surrender of the dupli- 
cate receipt and the execution of a proper relinquishment of all claims 
to said land, whenever such entry shall have been duly canceled by the 
Commissioner of the General Land Office, and in all cases where parties 
have paid double-minimum price for land which has afterwards been 
found not to be within the limits of a railroad land grant, the excess of 
one dollar and twenty-five cents per acre shall in like manner be repaid* 
to the purchaser thereof, or to the heirs or assigns. 



109 

Sec. 3. The Secretary of the Interior is authorized to make the pay- 
ments herein provided for, out of any money in the Treasury not other- 
wise appropriated. 

Sec. 4. The Commissioner of the General Land Office shall make all 
necessary rules, and issue all necessary instructions, to carry the pro- 
visions of this act into effect; and for the repayment of the purchase 
money and fees herein provided for the Secretary of the Interior shall 
draw his warrant on the Treasury and the same shall be paid without 
regard to the date of the cancellation of the entries. 

Approved June 16, 1880. (21 Stat., 287.) 



[No. 22.] 

REGISTERS AND RECEIVERS' FEES. 

AN ACT in relation to certain fees allowed registers and receivers. 

■ 

Be it enacted by the Senate and Souse of Representatives of the United 
States of America in Congress assembled, That the fees allowed registers 
and receivers for testimony reduced by them to writing for claimants, 
in establishing pre-emption and homestead rights and mineral entries, 
and in contested cases, shall not be considered or taken into account in 
determining the maxknum of compensation of said officers. 

Sec. 2. That registers and receivers shall, upon application, furnish 
plats or diagrams of townships in their respective districts showing 
what lands are vacant and what lands are taken, and shall be allowed 
to receive compensation therefor from the party obtaining said plat or 
diagram at such, rates as may be prescribed by the Commissioner of the 
General Land Office; and said officers shall, upon application by the 
proper State or Territorial authorities, furnish, for the purpose of taxa- 
tion, a list of all lands sold in their respective districts, together with 
the names of the purchasers, and shall be allowed to receive compensa- 
tion for the same not to exceed ten cents per entry ; and the sums thus 
received for plats and lists shall not be considered or taken into account 
in determining the maximum of compensation of said officers. 

Approved March 3, 1883. (22 Stat., 484.) 



[No. 23.] 

Registers' and Receivers' Fees. — Acts of August 4, 1886, and 

March 3, 1887. 
* *##### 

Hereafter all fees collected by registers or receivers, from any source 
whatever, which would increase their salaries beyoLd three thousand 
dollars each a year shall be covered into the Treasury, except only so 
much as may be necessary to pay the actual cost of clerical services 
employed exclusively in contested cases ; and they shall make report 
quarterly, under oath, of all expenditures for such clerical services, 
with vouchers therefor. 

» Act approved August 4, 1888 (24 Stats., 239), and act approved 
March 3, 1887 {Id,, 526). 



110 

[No. 24.] 

OWNERSHIP of real estate in the territories and the dis- 
trict OF COLUMBIA. 

AN ACT to restrict the ownership of real estate ia the Territories to American 

citizens., and so forth. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be unlawful for any 
Territories. person or persons not citizens of the United States, or who 

Alien person or cor- have uot lawfully declared their intention to become such 
From acquirS rei* °£ citizens, or for any corporation not created by or under 
Uleuu the laws of the United States or of some State or Terri- 

tory of the United States, to hereafter acquire, hold, or own real estate 
so hereafter acquired, or any interest therein, in any of the Territories 
of the United States or in the District of Columbia, except 
such as may be acquired by inheritance or in good faith 
in the ordinary course of justice in the collection of debts heretofore 
created : Provided, That the prohibition of this section shall 
not apply to cases in which the right to hold or dispose of 
Treaty rights not im- lands in the United States is secured by existing treaties 
to the citizens or subjects of foreign countries, which rights, 
so far as they may exist by force of any such treaty, shall continue to 
exist so long as such treaties are in force, and no longer. 

Sec. 2. That no corporation or association more than 
n.oi e r ?han2°o n plrwnt e twenty per centuin of the stock of which is or may be 

oT stock held by aliens i -i A ■• 

prohibited from holding owned by any person or persons, corporation or corpora- 
tions, association or associations, not citizens of the United 
States, shall hereafter acquire or hold or own any real estate hereafter 
acquired in any of the Territories of the United States or of the Dis- 
trict of Columbia. 

Sec. 3. That no corporation other than those organized for the con- 
struction or operation of railways, canals, or turnpikes 

Maximum of land , n . , *■ , , ,-tr. ,\ -i 

which may he held by shall acquire, hold, or own more than five thousand acres 
of land in any of the Territories of the United States; and 

no railroad, canal, or turnpike corporation shall hereafter acquire, hold, 
or own lands in any Territory, other than as may be neces- 

CoriGressional grants. r . . ^ ,./»•< • i i i ± 

sary for the proper operation ot its railroad, canal, or turn- 
pike, except such lands as may have been granted to it by act of Con- 
rresem titles not af- gress. But the prohibition of this section shall not affect 
fected - the title to any lands now lawfully held by any such cor- 

poration. 

Sec. 4. That all property acquired, held, or owned in violation of tne 

property unlawfully provisions of this act shall be forfeited to the United 

hew to be forfeited, states, and it shall be the duty of the Attorney-General to 

enforce every such forfeiture by bill in equity or other proper process. 

And in any suit or proceeding that may be commenced to 

enforce the provisions of this act, it shall be the duty of 

the court to determine the very right of the matter without regard to 

matters of form, joinder of parties, multifariousness, or other matters 

not affecting the substantial rights either of the United States or of the 

parties concerned in any such proceeding arising out of the matters in 

this act mentioned. 

Approved, March 3, 1887. (24 Stat., 476.) 

[This act amended so that it shall not apply to or operate in the Dis- 
trict of Columbia, so far as regards the ownership of legations, or the* 
ownership of residences, by representatives of foreign Governments, or 
attaches thereof, by Act of March 9, 1888, pamphlet statutes, page 45.] 



Ill 

[No. 25.] 

LANDS IN ALASKA. 

AN ACT providing a civil goverument for Alaska. 
# # # # *, •* # 

Sec. 8. That the said district of Alaska is hereby created a land dis- 
trict, and a United States land-office for said district is hereby located 
at Sitka. The commissioner provided for by this act to reside at Sitka 
shall be ex officio register of said land-office, and the clerk provided for 
by this act shall be ex officio receiver of public moneys, and the mar- 
shal provided for by this act shall be ex officio surveyor- general of said 
district and the laws of the United States relating to mining claims, 
and the rights incident thereto, shall, from and after the passage of 
this act, be in full force and effect in said district, under the adminis- 
tration thereof herein provided for, subject to such regulations as may 
be made by the Secretary of the Interior, approved by the President : 
Provided, That the Indians or other persons in said district shall not 
30 disturbed in the possession of any lands actually in their use or oc- 
cupation or now claimed by them but the terms under which such per- 
sons may acquire title to such lands is reserved for future legislation 
by Congress: And provided further, That parties who have located 
mines or mineral privileges therein under the laws of the United States 
applicable to the public domain, or who have occupied and improved 
or exercised acts of ownership over such claims, shall not be disturbed 
therein, but shall be allowed to perfect their title to such claims by 
payment as aforesaid: And provided also, That the laud not exceeding 
six hundred and forty acres at any station now occupied as missionary 
stations among the Indian tribes in said section, with the improvements 
thereon erected by or for such societies, shall be continued in the oc- 
cupancy of the several religious societies to which said missionary sta- 
tions respectively belong until action by Congress. But nothing con- 
tained in this act shall be construed to put in force in said district the 
general land laws of the United States. 

Approved May 17, 1884. (23 Stat., 24.) 



[No. 26.] 

PRIVATE LAND CLAIM INDEMNITY SCRIP. 

AN ACT defining the manner in which certain land-scrip may be assigned and located, 
or applied by actual settlers, and providing for the issue of patents in the name of 
the locator or his legal representatives. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That whenever, in cases prose- 
cuted under the acts of Congress of June twenty-second, eighteen hun- 
dred and sixty, March second, eighteen hundred and sixty-seven, and 
the first section of the act of June tenth, eighteen hundred and seventy- 
two, providing for the adjustment of private land claims in the States 
% ot" Florida, Louisiana, and Missouri, the validity of the claim has been, 
or shall be hereafter, recognized by the Supreme Court of the United 



112 

States, and the court has decreed that the plaintiff or plaintiffs is or 
are entitled to enter a certain number of acres upon the public lands of 
the United States, subject to private entry at one dollar and twenty- 
five cents per acre, or to receive certificate of location for as much of 
the land the title to which has been established as has been disposed 
of by the United States, certificate of location shall be issued by the 
Commissioner of the General Land Office, attested by the seal of said 
office, to be located as provided for in the sixth section of the aforesaid 
act of Congress of June twenty-second, eighteen hundred and sixty, or 
applied according to the provisions of the second section of this act; and 
said certificate of location or scrip shall be subdivided according to the 
request of the confirmee or confirmees, and as nearly as practicable, in 
conformity with the legal divisions and subdivisions of the public lands 
of the United States, and shall be, and are hereby declared to be, as- 
signable by deed or instrument of writing, according to the form and 
pursuant to regulations prescribed by the Commissioner of the General 
Land Office, so as to vest the assignee with all the rights of the original 
owners of the scrip, including the right to locate the scrip in his own 
name. 

Sec. 2. That such scrip shall be received from actual settlers only in 
payment of pre-eniption claims or in commutation of homestead claims 
in the same manner and to the same extent as is now authorized by law 
in the case of military bounty land- warrants. 

Sec. 3. That the register of the proper land-office, upon any such 
certificate being located, shall issue, in the name of the party making 
the location, a certificate of entry, upon which, if it shall appear to the 
satisfaction of the Commissioner of the General Land Office that such 
certificate has been fairly obtained, according to the true intent and 
meaning of this act, a patent shall issue, as in other cases, in the name 
of the locator or his legal representative. 

Sec. 4. That the provisions of this act respecting the assignment 
and patenting of scrip and its application to pre-emption and homestead 
claims shall apply to the indemnity certificates of location provided for 
by the act of the second of June, eighteen hundred and fifty-eight, en- 
titled "An act to provide for the location of certain confirmed private 
land claims in the State of Missouri, and for other purposes." 

Approved January 28, 1879. (20 Stat., 274.) 



[No. 27.] 

OSAGE TRUST AND DIMINISHED RESERVE LANDS. 

AN ACT for the relief of settlers upon the Osage trust and diminished-reserve land 

in Kansas, and for other purposes. 

Be it enacted by the Senate and Rouse of Representatives of the United 
States of America in Congress assembled, That all actual settlers under 
existing laws upon the Osage Indian trust and diminished reserve lands 
in Kansas (any failure to comply with such existing laws notwithstand- 
ing) shall be allowed sixty days after a day to be fixed by public notice 
by advertisement in two newspapers in each of the proper land dis- 
tricts, which day shall not be later than ninety days after the passage 
of this act, within which to make proof of their claims, and to pay one 
fourth the purchase price thereof, and the said parties shall pay the 



113 

balance of said purchase price in three equal annual installments there- 
after: Provided, That nothing herein contained shall be construed to 
prevent an earlier payment of the whole or any installment of said pur- 
chase money as aforesaid. 

And if default be made by any settler in the payment of any portion 
or installment at the time it becomes due under the foregoing pro- 
visions, his entire claim, and any money he may have paid thereon, 
shall be forfeited, and the land shall, after proper notice, be offered for 
sale according to the terms hereinafter prescribed, unless before the day 
fixed for such offering, the whole amount of purchase money shall be 
paid by said claimant, so as to entitle him to receive his patent for the 
tract embracing his claim. 

Sec. 2. That all the said Indian lands remaining unsold and unap- 
propriated and not embraced in the claims provided for in section one 
of this act, shall be subject to disposal to actual settlers only, having 
the qualifications of pre-emptors on the public lands. Such settlers 
shall make due application to the register with proof of settlement and 
qualifications as aforesaid ; and, upon payment of not less than one- 
fourth the purchase-price shall be permitted to enter not exceeding one 
quarter section each, the balance to be paid in three equal installments, 
with like penalties, liabilities and restrictions as to default and forfeit- 
ure as provided in section one of this act. 

Sec. 3. All lands upon which such default has continued for ninety 
days shall be placed upon a list, and the Secretary of the Interior shall 
cause the same to be duly proclaimed for sale in the manner prescribed 
for the offering of the public lands, but not exceeding one quarter section 
shall be sold to any one purchaser, at a price not less than the price 
fixed by law, but such lands, upon which such default shall be made, 
shall be offered for sale by advertisement of not less than thirty days 
in two newspapers in the proper land districts respectively and unless 
the purchase price be fully paid before the day named in the notice, shall 
be sold for cash to the highest bidder at not less than the price fixed by 
law. And all such lands, subject to unpaid overdue installments, shall 
be so offered once every year. And if any of said lands shall remain 
unsold after the offering as aforesaid, they shall be subject to private 
entry, for cash in tracts not exceeding one quarter section by one pur- 
chaser. 

Sec. 4. After the payment of the first installment as hereinafter pro- 
vided for, such lands shall be subject to taxation according to the laws 
of the State of Kansas, as other lands are or may be in said State : 
Provided, That no sale of any such lands for taxes shall operate to de- 
prive the United States of said lands, or any part of the purchase-price 
thereof, but if default be made in any installment of the purchase- 
price as aforesaid, such tax-sale purchaser, or his or her legal repre- 
sentatives, may, upon the day fixed for the public sale, and after such 
default has become final, under the foregoing provisions, pay so much 
of said purchase-price as may remain unpaid, and shall thereupon be 
entitled to receive a patent for the same as though he had made due 
settlement thereon : And provided further, That nothing in this act shall 
be so construed as to deprive or impair the right of the settler, of the 
right of redemption under the revenue laws of the State of Kansas. 

Sec. 5. That the register and the receiver shall be allowed the same 
fees and commissions as are allowed by law for the disposal of the 
public lands, and the net proceeds of the sales and disposals after de- 
ducting the expenses of such disposals, shall be deposited to the credit 
of the proper Indian fund, as provided by existing laws ; and the See- 
14711 8 






114 

retary of the Interior shall make all rules and regulations necessary to 
carry into effect the provisions of this act. 

Sec. 6. That nothing in this act shall he construed to interfere in 
any manner with the operation of the town-site laws as applicable to 
these lands : Provided, That all claims for entry undeY said statutes 
shall be proved up and fully paid for, before the day fixed for the com- 
mencement of the public sales provided for in section three of this act. 

Sec. 7. In all cases arising under this act interest at the rate of five 
per 'centum per annum shall be computed and paid upon all that part 
of the purchase-money in respect to which time is given for the pay- 
ment of the same. 

Approved May 28, 1880. (21 Stat., 143.) 



[No. 28.] 

LOSS OR FAILURE OF CROPS FROM UNAVOIDABLE CAUSE IN 1879 OR 
1880 IN KANSAS AND NEBRASKA. 

AN ACT for the relief of certain homestead and pre-emption settlers in Kansas and 

Nebraska. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall be lawful for home- 
stead and pre-emption settlers on the public lands or pre-emption settlers 
upon Indian reservations in the States of Kansas and Nebraska west of 
the sixth principal meridian, where there has been a loss or failure of 
crops from unavoidable cause, in the year of eighteen hundred and sev- 
enty-nine or eighteen hundred and eighty, to leave and be absent from 
said lands until the first day of October, eighteen hundred and eighty- 
one, under such rules and regulations as to proof and notice as the Com- 
missioner of the General Land Office may prescribe ; and during said 
absence no adverse rights shall attach to said lands, such settlers being 
allowed to resume and perfect their settlement as though no such ab- 
sence had occurred. 

Sec. 2. That the time for making final proof and payment by such pre- 
emptors is hereby extended for one year after the expiration of the 
term of absence provided for in the first section of this act ; but in cases 
where the purchase-money is by law payable in installments, the first 
unpaid installment shall be held not to be due until one year after the 
expiration of the leave of absence aforesaid. 

Approved June 4, 1880. (21 Stat., 543.) 



[No. 29.] 

SPECIAL SURVEY DEPOSITS. 

AN ACT to amend section twenty-four hundred and three of the Revised Statutes of 
the United States, in relation to deposits for surveys. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That section twenty-four hun- 
dred and three of the Revised Statutes of the United States be, and is 
hereby, amended so as to read as follows : 

Sec. 2103. Where settlers make deposits in accordance with the pro- 
Visions of section twenty-four hundred and one, the amount so de- 



115 

posited shall go in part payment for their land situated in the townships, 
the surveying of which is paid for out of such deposits 5 or the certificates 
issued for such deposits may be assigned by indorsement, and be re- 
ceived in payment for any public lands of the United States entered 
by settlers under the pre-emption and homestead laws of the United 
States, and not otherwise. 
Approved, March 3, 1879. (20- Stat., 352.) 



• pSTo. 30.] 

SPECIAL SURVEY DEPOSITS. 

AN ACT making appropriations for sundry civil expenses of the Government for the 
fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other 
purposes. 



Provided further. That no certificate issued for a deposit of money 
for the survey of lands under section twenty-four hundred and three of 
the Eevised Statutes, and the act approved March third, eighteen 
hundred and seventy-nine, amendatory thereof, shall be received in pay- 
ment for lands except at the land office in which the lands Surveyed for 
which the deposit was made are subject to entry, and not elsewhere ; 
but this section shall not be held to impair, prejudice, or affect in any 
manner certificates issued or deposits and contracts made under the 
provisions of said act prior to the passage of this act. 

Approved, August 7, 1882. (22 Stat., 327.) 



[No. 31.] 

ADJUSTItfENT OF KAILHOAD LAND GEANTS. 

AN ACT to provide for the adjustment of land grants made by Congress to aid in the 
construction of railroads, and for the forfeiture of unearned lands, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary of the In- 
terior be, and is hereby authorized and directed to immediately adjust, 
in accordance with the decisions of the Supreme Court, each of the rail- 
road land grants made by Congress to aid in the construction of rail- 
roads and heretofore unadjusted. 

Sec. 2. That if it shall appear, upon the completion of such adjust- 
ments respectfully, or sooner, that lands have been, from any cause, 
heretofore erroneously certified or patented, by the United States, to or 
for the use or benefit of any company claiming by, through, or under 
grant from the United States, to aid in the construction of a railroad, 
it shall be the duty of the Secretary of the Interior to thereupon de- 
mam^ from such company a relinquishment or . reconveyance to the 
United States of all such lands, whether within granted or indemnity 
limits 5 and if such company shall neglect or fail to so reconvey such 
lands to the United States within ninety days after the aforesaid de- 



116 

mand shall have been made, it shall thereupon be the duty of the 
Attorney-General to commence and prosecute in the proper courts the 
necessary proceedings to cancel all patents, certification, or other evi 
dence of title heretofore issued for such lands, and to restore the title 
thereof to the United States. 

Sec. 3. That if, in the adjustment of said grants, it shall appear tha. 
the homestead or pre-emption entry of any bona fide settler has been 
erroneously canceled on account of any railroad grant or the withdrawal 
of public lands from market, such settler upon application shall be re- 
instated in all his rights and allowed to perfect his entry by complying 
with the public land laws : Provided, That he has not located another 
claim or made an entry in lieu of the one so erroneously canceled : And 
provided also. That he did not voluntarily abandon said original entry : 
And provided further, That if any of said settlers do not renew their ap- 
plication to be reinstated within a reasonable time, to be fixed by the 
Secretary of the Interior, then all such unclaimed lands shall be dis- 
posed of under the public land laws, with priority of right given to bona 
fide purchasers of said unclaimed lands, if any, and if there be no such 
purchasers, then to bona fide settlers residing thereon. 

Sec. 4. That as to all lands, except those mentioned in the foregoing 
section, which have been so erroneously certified or patented as afore- 
said, and which have been sold by the grantee company to citizens of 
the United States, or to persons who have declared their intention to 
become such citizens, the person or persons so purchasing in good faith, 
his heirs or assigns, shall be entitled to the land so purchased, upon 
making proof of the fact of such purchase at the proper land office, 
within such time and under such rules as may be prescribed by the Secre- 
tary of the Interior, after the grants respectively shall have been ad- 
justed ; and patents of the United States shall issue therefor, and shall 
relate back to the date of the original certification or patenting, and 
the Secretary of the Interior, on behalf of the United States, shall de- 
mand payment from the company which has so disposed of such lands 
of an amount equal to the Government price of similar lands ; and in 
case of neglect or refusal of such company to make payment as here- 
after specified, within ninety days after the demand shall have been 
made, the Attorney-General shall cause suit or suits to be brought 
against such company for the said amount : Provided, That nothing in 
this act shall prevent any purchaser of lands erroneously withdrawn, 
certified, or patented as aforesaid from recovering the purchase-money 
therefor from the grantee company, less the amount paid to the United 
States by such company as by this act required : And provided, That 
a mortgage or pledge of said lands by the company shall not be con- 
sidered as a sale for the purpose of this act, nor shall this act be con- 
strued as a declaration of forfeiture of any portion of any land-grant 
for conditions broken, or as authorizing an entry for the same, or as a 
waiver of any rights that the United States may have on account of 
any breach of said conditions. 

Sec. 5. That where any said company shall have sold to citizens of 
the United States, or to persons who have declared their intention to 
become such citizens, as a part of its grant, lands not conveyed to or 
for the use of such company, said lands being the numbered sections 
prescribed in the grant, and being coterminous with the constructed 
parts of said road, and where the lands so sold are for any reason ex- 
cepted from the operation of the grant to said company, it skall be 
lawful for the bona fide purchaser thereof from said company to make 
payment to the United States for said lands at the ordinary Govern 



117 

inent price for like lauds, and thereupon patents shall issue therefor to 
the said bona fide purchaser, his heirs or assigns: Provided, That all 
lands shall be excepted from the provisions of this section which at the 
date of such sales were in the bona fide occupation of adverse claimants 
under the pre-emption or homestead laws of the United States, and 
whose claims and occupation have not since been voluntarily abandoned, 
as to which excepted lands the said pre-emption and homestead claim- 
ants shall be permitted to perfect their proofs and entries and receive 
patents therefor: Provided further. That this section shall not apply to 
lands settled upon subsequent to the first day of December, eighteen 
hundred and eighty-two, by persons claiming to enter the same under 
the settlement laws of the United states, as to which lands the parties 
claiming the same as aforesaid shall be entitled to prove up and enter 
as in other like cases. 

Sec. 6. That where any such lands have been sold and conveyed, as 
the property of any railroad company, for the State and county taxes 
thereon, and the grant to such company has been thereafter forfeited, 
the purchaser thereof shall have the \mov right, which shall continue 
for one year from the approval of this act, and no longer, to purchase 
such lands from the United States at the Government price, and patents 
for such lands shall thereupon issue. Provided, That said lands were 
not, previous to or at the time of the taking effect of such grant, in the 
possession of or subject to the right of any actual settler. 

Sec. 7. That no more lands shall be certified or conveyed to any State 
or to any corporation or individual, for the benefit of either of the com- 
panies herein mentioned, where it shall appear to the Secretary of the 
Interior that such transfers may create an excess over the quantity of 
lands to which said State corporation or individual would be rightfully 
entitled. 

Approved, March 3, 1887. (24 Stat., 556.) 



[No. 32.] 

RE-IMBURSEMENT FOR FAILURE OF TITLE IN NEBRASKA AND 

KANSAS. 

AN ACT for the relief of settlers and purchasers of lands on the public domain in the 

States of Nebraska and Kansas. 

Be it enacted by the Senate and Souse of Representatives of the United 
States of America in Congress assembled, That for the purpose of reim- 
bursing persons, and the grantees, heirs, and devisees of persons, who, 
under the homestead, pre-emption, or other laws, settled upon or pur- 
chased lands within the grant made by an act entitled "An act for a 
grant of lands to the State of Kansas to aid in the construction of the 
Northern Kansas Eailroad and Telegraph," approved July twenty-third, 
eighteen hundred and sixty-six, and to whom patents have been issued 
therefor, but against which persons, or their grantees, heirs, or dev- 
isees, decrees have been or may hereafter be rendered by the United 
States circuit courts on account of the priority of said grant made 
in the act above entitled, the sum of two hundred and fifty thou- 
sand dollars, or so much thereof as shall be required for said purpose, 
is hereby appropriated : Provided, however, That no part of said sum 
shall be paid to any one of said parties until he shall have filed with 



118 

the Secretary of the Interior a copy of the said decree, duly certified, 
and also a certificate of the judge of said court rendering the same to 
the effect that such a decree was rendered in a bona fide controversy 
between a plaintiff showing title under the grant made in said act and 
a defendant holding the patent or holding by deed under the patentee, 
and that the decision was in favor of the plaintiff on the ground of the 
priority of the grant made by said act to the filing, settlement, or pur- 
chase by the defendant or his grantor; and said claimant shall also file 
with the said decree and certificate a bill of the costs in such case, duly 
certified by the judge and clerk of said court. Thereupon it shall be 
the duty of the Secretary of the Interior to adjust the amount due to 
each defendant on the basis of what he shall have paid, not exceeding 
three dollars and fifty cents per acre for the tract, his title to which 
shall have failed as aforesaid, and the costs appearing by the bill thereof 
so certified as hereinbefore provided. He shall then make a requisition 
upon the Treasury for the sum found to be due to such claimant, or his 
heirs and devisees or assigns, and shall pay the same to him, taking 
such release, acquittance, or discharge as shall forever bar any further 
claim against the United States on account of the failure of the title as 
aforesaid: Provided further, That when any person, his grantees, heirs, 
assigns, or devisees, shall prove to the satisfaction of the Secretary of 
the Interior that his case is like the case of those described in the pre- 
ceding portions of this act, except that he has not been sued and sub- 
jected to judgment as hereinbefore provided, and that he has in good 
faith paid to the person holding the prior title by the grant herein re- 
ferred to the sum demanded of him, without litigation, such Secretary 
shall pay to such person such sum as he has so paid, not exceeding 
three dollars and fifty cents per acre, taking his release therefor as 
hereinbefore provided. 

Sec. 2. That the provisions of this act shall only apply to the actual 
and bona fide settlers on the lands herein referred to, his or their heirs, 
assigns, or legal representatives, and no one person shall be entitled to 
the benefits of this act for compensation for more than one hundred and 
sixty acres of land: Provided, That all other persons who purchased 
any part of said land at one dollar and twenty-five cents per acre, and 
the money was actually paid into the Treasury, such person, his heirs, 
assigns, or legal representatives shall be entitled to repayment of the 
money so actually paid by them. 

Approved, March 3, 1887. (24 Stat., 550.) 



[No. 33.] 

SUSPENDED ENTRIES. 
RULES AND REGULATIONS — BOARD OF EQUITABLE ADJUDICATION. 

Under the act of Congress approved August 3, 1846, entitled f; An 
act providing for the adjustment of all suspended pre-emption land 
claims in the several States and Terr ifories," the following general 
equitable rules and regulations were established for the government of 
the Commissioner of the General Land Office. 

The Commisioner will recognize as valid, and place in the first class, 
suspended entries of the following description : 

1. All pre-emption entries in which one or more legal requirements 
do not appear in the papers because of the neglect or inattention of the 



119 

land officers, but where tbe existing testimony shows a substantial and 
bona fide settlement and improvement of the lands; or where such facts 
were satisfactorily shown to the local officers, by proof which was lost 
in transmission to the General Land Office, and can not now be renewed 
by reason of the death of witnesses, or other cause. 

2. All pre-emption entries under the acts of 12th April, 1814, 29th 
May, 1830, 5th April, 1832, 19th June, 1834, 22d June, 1838, and 1st of 
June, 1840, which have been allowed in the name of assignees, instead 
of the pre-emptors themselves, where the claim is bona fide, and the 
assignees or subsequent purchasers are in possession. 

3. All entries in virtue of " floats," under the acts of 29th of May, 1830, 
and 19th June, 1834, where the original settlement (from which the "float" 
was derived) was bona fide and had been actually entered, but where 
such original settlement was on land reserved for private claims the 
survey of which had not been returned at the time of entry; and also 
all entries by such "floats" on land liable to sale, where the "float" 
entries had been made prior to the return of the official plat of survey 
for the original settlement. 

4. Entries allowed by pre eruption on "sketch maps" (obtained by 
the parties), before the return of the regular approved plat of the town- 
ship embracing the land. 

5. All entries allowed by pre-emption on land which was reserved at 
the date of the pre eruption act, but which was released from reserva- 
tion before the expiration of said act, where such entries are in other 
respects regular. 

6. Pre-emption entries under laws requiring actual residence on pub- 
lic land, in which the residence was found to be on private property, 
but where the tract entered formed a substantial part of the farm of the 
claimant, and was improved and cultivated by him at the period re- 
quired for residence. 

7. Pre-emption entries of legal subdivisions of a fractional section 
which contain more than 160 acres, but which are as near that quantity 
as the existing subdivisions will allow. 

8. Pre-emption entries allowed under one pre-emption law, where it 
shall have been discovered that said entries are invalid under that act, 
but where the settlement and improvement is of a character to have 
entitled the parties to a legal and valid claim under a subsequent law, 
provided the land is not embraced by the valid claim of another. 

9. Pre-emption entries in the mineral region, embracing the half of a 
quarter-section reserved for mineral purposes, where the half- quarter so 
entered is shown not to have contained mineral ; and also entries as 
" floats," allowed to the claimants, who, by reason of one portion of the 
quarter-section on which they were settled containing mineral, were 
unable to enter more than the half of said quarter-section, provided the 
claim is otherwise a bona fide one. 

10. Pre-emption entries founded upon a bona fide right of preemp- 
tion, where, as it respects the mode and manner of the entry, there is 
not a strict conformity with the law, but where such entry does not 
embrace a quantity exceeding that allowed by law, is in accordance 
with the wish of the party or parties interested and does not interfere 
with the rights or interests of another. 

11. All private sales of tracts which have not been previously offered 
at public sale, but where the entry appears to have been permitted by 
land officers under the impression that the land was liable to private 
entry, and there is no reason to presume fraud, or to believe that the 
purchase was made otherwise than in good faith. 



120 

12. All sales made at one land office of lands which were only liable 
to sale at another, where the proceedings in all other respects were 
regular. 

13. All bona fide entries on lands which had been once offered, but 
afterwards temporarily withdrawn from market, and then released from 
reservation, where such lands are not rightfully claimed by others. 

14. All bona fide entries at private sale, allowed at Mineral Point, 
Wis., and fully paid for, of lauds which were not ascertained or re- 
ported to contain lead mineral until after the date of said entries, where 
the land is not rightfully claimed by another. 

The foregoing regulations are not to embrace any case where the entry 
has been canceled or desired by the party, or where a subsequent entry 
of the same land has been legally made by the claimant himself, or by 
another person. 

James L. Piper, 
Acting Commissioner of the General Land Office. 

We concur in these rules and regulations, October 3, 1846. 

R. J. Walker, 
Secretary of the Treasury. 
J. T. Mason, 

Attorney- General. 



[Rule 15, having become obsolete, is omitted.] 



Under the act of Congress approved 3d of March, 1853, reviving and 
continuing in force the act of 3d of August, 1846, the following rule was 
established for the government of the Commissioner of the General 
Land Office : 

16. That all locations under the act of 14th August, 1848, entitled 
" An act in relation to military land warrants," be confirmed, and pat- 
ents issued thereon, where the land located lies in one body, and the 
only objection to the location is, that it consists, technically, of more 
than one legal subdivision. 

John Wilson, 

Commissioner. 

We concur in this rule, 16th March, 1854. 

R. McClelland, 
Secretary of the Interior. 

C. CUSHINO, 

Attorney- General. 



Department of the Interior, 

General Land Office, 
Washington, D. C, April 25, 1877. 
Sir : I have the honor to submit herewith, for your concurrence and 
that of the honorable Attorney-General, a set of rules to govern me in 
submitting for confirmation, under section 2450 of the Revised Statutes 
of the United States, entries suspended for various causes, but which, 
upon principles of equity and justice, should be confirmed. 



121 

Authority to confirm suspended entries of the public lands was first 
vested in the Secretary of the Treasury, Attorney-General, and Commis- 
sioner of the General Land Office, by act of Congress ot August 3, 1846, 
and revised and extended by acts of 3d of March, 1853, and 26th ot 
June, 1856. 

Under these acts, from time to time, sixteen rules have been established, 
the last March 16, 1854. (See 1 Lester, Land Laws, 482, title 5.) 

Since then the different homestead acts have been passed, and new 
classes of suspended entries under the pre-emption laws have arisen. I 
have prepared eleven new rules, from No. 17 to 27, inclusive. I find 
that many of the old established rules are obsolete. 

»#*■'###,.» 

Cases in each of the classes mentioned, except class 22, have been con- 
firmed under section 2450 of the Revised Statutes. 

It is believed that these classes will cover all agricultural entries 
falling under general rules. 

Special cases not covered by these rules, in which equitable relief 
should be afforded, will probably arise. Such cases will be submitted 
as special, with letters of explanation. 

I respectfully request that, if you should approve the accompanying 
rules, you will submit them to the honorable Attorney-General for his 
concurrence. 

J. A. Williamson, 

Commissioner. 
Hon. Carl Schurz, 

Secretary of the Interior. 



Department of the Interior, 

Office of the Secretary, 
Washington, D. 0., May 18, 1877. 

Sir :. I return herewith, approved by the Attorney-General and my- 
self, the additional rules transmitted with your letter of the 25th ultimo, 
numbered from 17 to 27, inclusive* to govern your office in the disposal 
of suspended entries of public lands under various laws. 
I am, sir, very respectfully, your obedient servant, 

C. Schtjrz, 

Secretary. 
Hon. J. A. Williamson, 

Commissioner General Land Office. 



ADDITIONAL RULES. 

Under section 2450 of the Revised Statutes of the United States, the 
following rules, additional to those established under the act of August 
3, 1846, are provided for the government of * the Commissioner of the 
General Land Office : 

17. All entries where the pre-emption affidavit was taken before an 
officer authorized to administer oaths, when, on account of bodily in- 
firmity, the party can not appear at the local office. 

18. All entries where the pre-emption affidavit was taken before some 
officer other than the register or receiver, and the pre-emptor died be- 
fore the defect could be cured. 



122 

19. All entries made upon land appropriated by entry or selection, 
but which entry or selection was subsequenty canceled for illegality. 

20. Pre-emption entries in which the party has shown good faith, but 
did not, through ignorance of the law, declare his intention to become a 
citizen of the United States until after he made his entry. 

21. All entries based upon pre-emption proof where the party had 
failed to file a declaratory statement therefor, provided no adverse claim 
attached prior to entry. 

22. All entries of unoffered land, based upon a second delaratory 
statement, where the same was filed between June 22, 1874, and June 
30, 1875. 

23. All pre-emption entries in which the affidavit is defective in not 
showing that the party was not the owner of 320 acres of land in any 
State or Territory, and had never had the benefit of the act, the form for 
which affidavit was furnished by the local land office. 

24. All homestead entries in which, by reason of ignorance of the law, 
sickness of the party or his family, the final proof was not made within 
the period prescribed by statute, but in other respects the law has been 
complied with. 

25. All homestead entries in which the party failed to settle on the 
land within the time required by law by reason of physical disability, and 
where good faith is shown. 

26. All homestead entries by mistake made in the name of the wrong 
party, but where on final proof the error may be corrected without prej- 
udice to another's right. 

27. In all homestead entries where the husband has deserted his wife 
and children, if he have any, who have in good faith complied with the 
homestead law by residence upon and cultivation of the land, and final 
proof shall be made by the wife, or, in case of her death, by her heirs 
or their legal guardians, such entry shall be confirmed, and patent shall 
issue to the parties entitled thereto. 

J. A. Williamson, 
Commissioner General Land Office. 

We concur in the above rules, May 8, 1877. 

0. Schurz, 
Secretary of the Interior. 
Chas. Devens, 
A ttomey- General. 



Department of the Interior, 

General Land Office, 
Washington, B. <7., April 28, 1888. 

The following rules are hereby established, with the concurrence of 
the Secretary of the Interior and Attorney-General, as additional to 
the regulations in accordance with which suspended claims are decided 
under sections 2450 to 2457, Eev. Stats., as amended by the act of Con- 
gress of February 27, 1877, viz: 

28. All desert-land entries made by a duly qualified party under the 
act of March 3, 1877, where the land was properly subject to entry under 
said act, and the land has been reclaimed according to law, but where 
any of the declarations, affidavits, or proofs required under the statute 
were omitted or are defective, in consequence of ignorance, accident, or 
mistake, and where from the death or absence of the claimant the missing 






128 

papers can not be supplied, or the defective papers amended, and where 
there is no adverse claim. 

29. All desert-land entries in which the final proof and payment were 
not made within three years from date of entry, but in which the claim- 
ant was duly qualified, the land properly subject to entry under the 
statute, and subsequently reclaimed in time according to its require- 
ments, in which the failure to make proof and payment in time was the 
result of ignorance, accident, or mistake, and in which there is no adverse 
claim. 

30. All desert-land entries in which neither the reclamation nor the 
proof and payment were made within three years from date of entry, 
but where the entry man was duly qualified, the land properly subject 
to entry under the statute, the legal requirements as to reclamation com- 
plied with and the failure to do so in time was the result of ignorance, 
accident, or mistake, or of obstacles which he could not control, and 
where there is no adverse claim. 

S. M. Stockslager, 
Commissioner General Land Office. 

We concur in the foregoing additional rules. 

Wm. F. Vilas, 
Secretary of the Interior. 
A. H. Garland, 

Attor ney- General. 
May 12, 1888. 



United States land offices. 



Alabama: 


Dakota : 


Michigan : 


Nevada : 


Huntsville. 


Mitchell. 


Grayling. 


Carson City. 


Montgomery. 


Watertown. 


Marquette. 


Eureka. 


Alaska (district of) : 


Fargo. 


Minnesota: 


New Mexico : 


Sitka. 


Yankton. 


Taylor's Falls. 


Santa Fe. 


Arkansas : 


Bismarck. 


Saint Cloud. 


Las Cruces. 


Little Rock. 


Rapid City. 


Duluth. 


Oregon : 


Camden. 


Grand Forks. 


Fergus Falls. 


Oregon City. 


Harrison. 


Aberdeen. 


Worthington. 


Roseburg. 


Dardanelle. 


Huron. 


Tracy. 


Le Grand. 


Arizona : 


Devil's Lake. 


Benson. 


Lakeview. 


Prescott. 


Florida : 


Crookston. 


The Dalles. 


Tucson. 


Gainesville. 


Redwood Falls. 


Drussey. 


California: 


Idaho : 


Mississippi : 


Utah: 


San Francisco. 


Boise City. 


Jackson. 


Salt Lake City. 


Marysville. 


Lewiston. 


Missouri : 


Washington : 


Humboldt. 


Blackfoot. 


Boonville. 


Seattle. 


Stockton. 


Hailey. 


Ironton. 


Vancouver. 


Visalia. 


Coeur d'Alene. 


Springfield. 


Walla Walla. 


Sacramento. 


Iowa: 


Montana : 


Spokane Falls. 


Los Angeles. 


Des Moines. 


Miles City. 


North Yakima. 


Shasta. 


Kansas : 


Helena. 


Wisconsin : 


Snsanville. 


Topeka. 


Bozeman. 


Menasha. 


Independence. 


Salina. 


Nebraska : 


Falls of St. Croix. 


Colorado : 


Independence. 


Lincoln. 


Wausau. 


Denver City. 


Wichita. 


Niobrara. 


La Crosse. 


Leadville. 


Kirwin. 


Grand Island. 


Ashland. 


Central City. 


Concordia. 


North Platte. 


Eau Claire. 


Pueblo. 


Larned. 


Bloomington. 


Wyoming : 


Del Norto. 


Wa-Keeny. 


Neligh. 


Cheyeone. 


Montrose. 


Oberlin. 


Sidney. 


Evanston. 


Dur&ngo. 


Garden City. 


Chadron. 


Buffalo. 


Gunnison. 


Louisiana : 


Valentine. 




Glenwood Springs. 


New Orleans. 


McCook. 




Lamar. 


Natchitoches. 







Note — By act of July 31, 1876, the land offices in Ohio, Indiana, and Illinois were abolished ; and 
by act of March 3, 1877, the vacant tracts of public land in Ohio, Indiana, and Illinois are made subject 
to eutry and location at the General Land Office, Washington, D. C. (See Regulations, on pages 54 
and J-5.) 



FORMS. 

[No. 4-001.] 

CASH APPLICATION. 

No. . Land Office at , 

{Date) , 18—. 

I, , of — 7— county, , do hereby apply to purchase the of sec- 
tion , in township , of range , containing acres, according to the re- 
turns of the surveyor-general, for which I have agreed with the register to give at 
the rate of per acre. 

My post-office address is ■ .* 



I, , register of the land office at , do hereby certify that the lot 

above described contains acres, as mentioned above, and that the price agreed 

upon is per acre. 

Register. 



[No. 4-131.] 

CASH RECEIPT. 

No. . Receiver's Office at , 

{Date) , 18—. 

Received from — , of county, — — , the sum of dollars and 

cents, being in full for the quarter of section No. , in township No. , of 

range No. , containing acres and hundredths, at $ per acre. 

, Receiver. 



[No. 4-189.] 
CASH CERTIFICATE. 

No. Land Office at , 

{Date) , 18—. 

It is hereby certified that, in pursuanco of law, , of county, State 

of , on this day purchased of the register of this office the lot or of section 

No. , in township No. , of range No. , containing acres, at the rate 

of dollars and cents per acre, amounting to dollars and cents, for 

which the said — ha — made payment in full as required by law. 

Now, therefore, be it known, that on presentation of this certificate to the Commis- 
sioner of the General Land Office, the said shall be entitled to receive a 

patent for the lot above described. 

, Register. 

* If residence is in city, street and number must be given. 

124 



125 

[No. 4-536.] 
PRE-EMPTION RECEIPT AND CERTIFICATE. 

Land Office at 



(Date) , 18—. 

Mr. lias this day paid dollars, the register's and receiver's fees, 

to file a declaratory statement, the receipt whereof is hereby acknowledged. 

, Receiver. 

No. . 

Mr. , having paid the fees, has this day filed in this office his declara- 
tory statement, No. , for of section , in township , of range , con- 
taining acres, settled npon , 18 — , being offered. 

, Register. 



[No. 4-534.] 
PRE-EMPTION DECLARATORY STATEMENT FOR OFFERED LANDS. 

I, , of , being , have, since the 1st day of , A. D. 18 — , set- 
tled and improved the quarter of section No. , in township No. , of range 

No. , in the district of lands subject to sale at the land-office at , and contain- 
ing acres, which land had been rendered subject to private entry prior to my settle- 
ment thereon ; and I do hereby declare my intention to claim the said tract of land 
as a pre-emption right, under section 2259 of the Revised Statutes of the United States. 

My post-office address is . 

Given under my hand this day of , A. D. 18 — . 



In presence of , of 

and , of ■ 



[No. 4-535.] 
PRE-EMPTION DECLARATORY STATEMENT FOR UNOFFERED LANDS. 

I, , of , being , have, on the day of , A. D. 18 — , settled 

and improved the quarter of section No. , in township No. , of range No. 

, in the district of lands subject to sale at the land-office at , and containing 

acres, which land has not yet been offered at public sale, and thus rendered sub- 
ject to private entry; and I do hereby declare my intention to claim the said tract of 
land as a pre-emption right under section 2259 of the Revised Statutes of the United 
States. 

My post-office address is . 

Given under my hand this day of , A. D. 18 — . 



In presence of , of 

and , of ■ 



[No. 4-061.] 

AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT. 

I, , claiming the right of pre-emption, under section 2259 of the Re- 
vised Statutes of the United States, to the of section No. , of township No. 

, of range No. , subject to sale at , do solemnly that I have never had 

the benefit of any right of pre-emption under said section ; that I am not the owner 
of 320 acres of land in any State or Territory of the United States, nor have I settled 
upon and improved said land to sell the same in speculation, but in good faith to ap- 



126 

propriate it to my own exclusive use or benefit ; and that I have not, directly or in- 
directly, made any agreement or cod tract, in any way or manner, with any person or 
persons whomsoever, by which the title which I may acquire from the Government 
of the United States should inure, in whole or in part, to the benefit of any person ex- 
cept myself. 

My post-office address is -. 

I, , of the land-office at , do hereby certify that the above affidavit 

was subscribed and sworn to before me this day of , A. D. 18 — . 



[4-369«.] 
HOMESTEAO, PRE-EMPTION, AND COMMUTATION PROOF. 

TESTIMONY OF CLAIMANT. 

Full and specific answers must be given to each question. Evasive answers will be fatal to 

the proof. 

claimant, being first duly sworn, testifies as follows : 



Ques. 1. What is your correct name, your age, and occupation ? If employed by 
any person, state by whom. — Ans. . 

Ques. 2. What is your post-office address ? — Ans. r— . 

Ques. 3. Are you the identical person who made pre-emption filing No. (or 

homestead entry No. — — ) at the land office on the day of , 188 , and 

what is the true description of the land now claimed by you ? — Ans. . 

Ques. 4. Where did you live before settling upon this land, and what was your oc- 
cupation? — Ans. . 

Ques. 5. Are you a citizen of the United States, or have you declared your intention 
to become such ? — Ans. . 

(In case the party is of foreign birth, a copy of his declaration of intention to be- 
come a citizen or full naturalization certificate, officially certified, must be filed with 
the case. The latter is only required in final homestead entries.) 

Ques. 6. Are you interested in any other entry or filing than the one upon which 
you now seek to make proof? — Ans. . 

Ques. 7. Have you ever made a pre-emption filing for any other tract of land, or 
made any other homestead entry or filing or entry of any kind ? (Answer each ques- 
tion separately, describe the land, and state what disposition you made of your 
claim.) — Ans. . 

Ques. 8. Is your present claim within the limits of an. incorporated town or selected 
site of a city or town, or used in any way for trade and business ? — Ans. . 

Ques. 9. What is the character of the land? Is it timber, mountainous, prairie, 
grazing, or ordinary agricultural land? State its kind and quality, and for what 
purpose it is most valuable. — Ans. . 

Ques. 10. Is the land valuable for coal, iron, stone, or minerals of any kind? Has 
any coal or other minerals been discovered thereon, or is any coal or mineral known 
to be contained therein ? Are there any indications of coal, salines, or minerals of any 
kind on the land ; if so, describe what they are V — Ans. . 

Ques. 11. If the land is timber land, state the kind, quality, and amount of timber 
thereon at date of initiating your claim, the amount still sranding, how much has 
been cut and removed, and by whom, and whether the same has been disposed of, and 
to whom; also whether any other person than yourself has any interest in the tim- 
ber, and if so, what kind of" interest. — Ans. . 

Ques. 12. If the land is used for grazing purposes, state how and by whom it is so 
used, and whether it is within any stock range or fence or other inclosure, and who 
owns or controls the range or inclosure. — Ans. . 

Ques. 13. When did you first make an actual personal settlement on this land ? 
State what you did to make such settlement, and the character and value of the im- 
provements you then placed upon the land. — Ans. . 

Ques. 14. Was the land occupied by any other person when you made such settle- 
ment? If so, state who lived there, and how you obtained possession. — Ans. . 

Ques. 15. When did you actually move on this land and commence living perma- 
nently thereon ? — Ans. . 



127 

Ques. 16. Where has been your actual personal residence and home during the whole 
time since the date of this filing or entry ? — Ans. . 

Ques. 17. Has your residence on the land now claimed been actual or constructive, 
continuous or at intervals ? Explain what you mean by actual continuous residence. — 
Ans. 

Ques. 18. Have you resided or boarded elsewhere than on this land since commenc- 
ing your residence thereon ? If so, state when and where, how often, and for how 
long. — Ans. . 

Ques. 19. Where have you voted since establishing residence on this land, and where 
did you last vote, and how long have you voted there ? — Ads. . 

Ques. 20. How many times have you been absent from said tract since you com- 
menced actual residence thereon ? Give the dates when each absence commenced and 
terminated, and the cause therefor. — Ans. 



Ques. 21. Have you a family, and of whom does your family consist ? — Ans. 



Ques. 22. Has your family resided with you on this claim? -If so, state when they 
moved on the land, how long they have lived there, and whether they actually reside 
there still. — Ans. . 

Ques. 23. If your family has been absent any part of the time since moving on the 
land state the causes for and the dates when each absence commenced and termi- 
nated. — Ans. -. 

Ques. 24. When and by whom was your house built ? Is it habitable at all seasons 
of the year ? — Ans. . 

Ques. 25. Did you and your family live in said house during all of each or any win- 
ter since the date of your riling or entry. If not, state the duration and causes of each 
absence ? — Ans. . 

Ques. 26. If your family has not lived with you on this claim since the date of your 
riling or entry, state the causes therefor, where they did reside, and where they are 
now living. — Ans. . 

Ques. 27. Do you own any other residence house than the one now on your claim ? 
If so, state where, and who occupies the same. — Ans. . 

Ques. 28. Describe fully the house on this claim, giving value thereof ; also describe 
fully all other improvements thereon of whatever kind, giving the value of each 
and total value of all improvements. — Ans. . 

Ques. 29. What farm implements do you own and use on this claim ? State kind 
and number, and how long you have owned the same. — Ans. . 

Ques. 30. What domestic animals and live stock do you own and keep on this claim ? 
State kind and number of each kind. — Ans. . 

Ques. 31. State what articles of furniture of every kind you keep and use in your 
residence on this claim, and how long you have had them there. — Ans. . 

Ques. 32. Have you any personal property or live stock of any kind elsewhere than 
on this claim? If so, describe the same, and state where the same is kept. — Ans. . 

Ques. 33. How many seasons have you raised crops on this land, and what kind of 
crops have you raised each season ? — A. . 

Ques. 34. How many acres have you put in crops each year, and how much did you 
raise ? State the amount in bushels of each kind. — Ans. . 

Ques. 35. Have you the land in crop this year, or is it prepared for cropping the 
coming season ? How much of the land is, so cropped or prepared ? — Ans. . 

Ques. 36. Do you carry on any trade, profession, or business elsewhere than on this 
land ? If so, state what business you have been engaged in while claiming this land, 
where it was carried on, and the distance from your claim. — Ans. . 

Ques. 37. If you have been employed in working for others away from this claim 
since you established residence thereon, state when, where, and for whom, in what 
occupation or capacity, how long you have so worked, and where you staid and lived 
during that time. — Ans. . 

Ques. 38. What are you assessed for taxes, personal, real estate, or license, and when 
and where have you paid taxes since claiming this land ? — Ans. . 

Ques. 39. Are the improvements on this land assessed for taxes ; if so, at what val- 
uation ? Have such taxes been paid ; if so, when and by whom ? — Ans. . 

Ques. 40. What use is made of this land, and who, besides yourself and family, uses 
it or causes it to be used ? — Ans. . 

Ques. 41. Have you sold, transferred, or mortgaged this land, or offered or agreed 
to sell or dispose of it, and at what price ? — Ans. . 

Ques. 42. Do you make this entry in the interest or for the benefit of any. one else, 
or has any person other than yourself and family any interest, immediate or prospec- 
tive, in this entry ? If so, state for whom the entry is made. — Ans. . 

Ques. 43. Has any person paid your expenses for making this entry, or paid you 
wages or a salary on condition that you make said entry, or agreed to do either, or 
agreed to pay the entry money for you, or to pay the fees or commissions, with the 
agreement or understanding that you will deed the land after entry is made? — 
Ans. . 



128 

Ques. 44. Do you make this entry in good faith, for the exclusive purpose of a home 

and farm for yourself and family ? — Ans. . 

[Signature of claimant.] " . 



I hereby certify that each question in the foregoing deposition was orally pro- 
pounded to the said , and the foregoing answers severally given by him 

thereto before he signed the same and after being sworn according to law; that the 

said is to me personally known (or satisfactorily identified by 

) as the person he represents himself to be in making this proof; that I have 

called his attention to the laws and penalties against false swearing, and that the 

foregoing deposition was sworn to and subscribed before me this day of , A. 

D. 188—. 



[4-369 6. 1 
HOMESTEAD, PRE-EMPTION, AND COMMUTATION PROOF. ' 

TESTIMONY OF WITNESS. 

(The testimony of two witnesses, taken separately, in addition to the testimony of 
claimant, is required in each case.) 

(The testimony of witnesses must be taken at the same time and place and before 
the same officer as claimant's final affidavit.) 

The answers must be full and complete to each and every question asked, and offi- 
cers taking testimony will be expected to make no mistakes in dates, description of 
land, or otherwise. 

Question 1. What is your true name (Christian and surname), given in full, your 
age, residence, and present post-office address ? (Give description of land on which 
you reside, quarter-section, township, and range.) — Ans. . 

Ques. 2. What is your present occupation, and where and by whom have you been 
employed since — — , the date of claimant's alleged settlement on said tract T — 
Ans. -. 

Ques. 3. Are you related to claimant or in any way interested in this claim, or are 
you connected with him in business of any kind? — Ans. . 

Ques. 4. How far from the residence of claimant, on said tract, do you reside, and 
how long have you lived there ? — Ans. . 

Ques. 5. Give the names and residences of two or more persons living nearer to the 
claimant of this tract than yourself. If none are nearer than you, give the names of 
two or more next nearest, and state the land on which they reside. — Ans. . 

Ques. 6. How long have you known , the claimant, for whom you 

appear as a witness, where has he been living since you first knew him up to the pres- 
ent time, and is he the identical person he represents himself to be? — Ans. . 

Ques. 7. Are you well acquainted with the land embraced in this claim?. Give 
correct description thereof ; also state the extent of your knowledge, and how you 
know what you affirm. — Ans. •. 

Ques. 8. How often have you been on this tract of land since claimant's alleged 
settlement thereon, at what time or times, and when did you last see him on the 
land? — Ans. . 

Ques. 9. Is said tract within the limits of an incorporated town or selected site of a 
city or town, or used in any way for trade or business ? — Ans. . 

Ques. 10. State specifically the character of this land — whether it is timber, prairie, 
grazing, farming, coal, or mineral land. — Ans. . 

Ques. 11. Are there any indications of coal, minerals, or salines on this land? — 
Ans. . 

Ques. 12. Is it within any stock range or fence or other inclosure ? If so, give the 
names of the parties owning or in any manner controlling such inclosure or range. — 
Ans. . 

Ques. 13. If the land is timber land, state whether the timber, or any portion thereof, 
and what portion, if any, has been cut or removed, and by whom. — Ans. . 

Ques. 14. What is this land used for, and who (if any one) besides the claimant is 
in any manner interested in or rises or controls the land or claims the timber thereon? — 
Ans. . 

Ques. 15. What has been claimant's occupation since you first knew him, and where 
has he been employed, and by whom ? — Ans. . 

Ques. 16. Has he had any other living or boarding placo than on this land during 



129 

the existence of his present claim ? If so, state where he has been living or stop- 
ping. — Ans. . 

Ques. 17. Does claimant's family reside on said land ? When did they move 
thereon ? How long have they lived there, and do they still reside thereon ? If not, 
where do they reside? — Ans. . 

Ques. 18. Has claimant's family been absent from said land since moving thereon ? 
If so, state how often, how long each time, and the cause of said absence or ab- 
sences. — Ans. . 

Ques. 19. State in full and in detail all the facts within your knowledge as to claim- 
ant's actual residence upon this claim; when and how often you have seen him npon 
the land ; what were the evidences that he actually lived on the tract; how long he 
has lived there, and whether he lives there now. — Ans. . 

Ques. 20. If claimant has been absent from said land since his alleged settlement, 
state fully how often, when, how long each time, and for what purpose. — Ans. . 

Ques. 21. State in detail the character of the improvements; what they consist of, 
and when they were made; the value of each distinct improvement, fully describing 
the same ; also whether they were made by the claimant or by some other person. — 
Ans. . 

Ques. 22. Give the size, construction, and material of claimant's house on said 
tract, and also state whether the same is habitable during all seasons of the year. — 
Ans. . 

Ques. 23. What is this land worth, and was it ever offered for sale ? — Ans. . 

Ques. 24. When did claimant commence living upon this land ? — Ans. 



Ques. 25. How much of said land has been broken, how much plowed since being 
broken, and how much put into crop each season? State kind of crops raised, their 
value, and number of seasons crops were raised* — Ans. . 

Ques. 26. Is said land in crops this season, or has it been prepared for cropping the 
coming season ? — Ans. . 

Ques. 27. Do you believe that claimant intends to continue his residence on this 
land after making final proof, or does he intend to remove therefrom ? — Ans. . 

Ques. 28. Does claimant, with his family, reside on said land at the present time ? 
You will explain how you know he has resided there, as you have heretofore stated. — 
Ans. . 



[Signature of witness. 3 

U. S. Land Office, 



18 



I hereby certify that personally appeared before me ; that he is a 

credible witness, and is personally known to me (or has been satisfactorily identified 

before me by ), and that each question in the foregoing deposition was 

orally propounded to the said , and the foregoing answers severally given 

by him thereto before he signed the same, and after being sworn according to law ; that 
I have called his attention to the laws and penalties against false swearing ; and that 

the foregoing deposition was sworn to and subscribed before me this day of , 

A. D. 18—. 



Begister (or Receiver), 
Special certificate. 
[To be used in all cases when proof is made before a clerk of court or judge of probate.] 



88: 



I, , in and for , do hereby certify that the claimant 



and his witnesses , in this proof were identified by 

to be the identical persons named in the published notice herein. 

That before proceeding to take the proof and testimony I read to the claimant and 
to each of the witnesses section 5392 of the Revised Statutes of the United States, and 
explained to each of them the import and meaning thereof. 

That each of the printed questions in the testimony was read to said claimant and 
to each of said witnesses, and their respective answers thereto were by me reduced 
to writing and read to each respectively, and was there and then by them subscribed 
and sworn to before me. 

That said proofs and affidavits were taken and made between the hours of 8 a.m. 
and 6 o'clock p. m. on the day of , 188-, at my office at , in said , 

14711 9 



130 

That no protest or objection of any kind against said proof has been made or filed 

in my office by any person. 

Given under my Land and official seal this day of 188-. 



We hereby certify that the within and foregoing testimony of claimant and wit- 
nesses has been carefully examined by us before transmittal to the General Land 
Office. 



Register. 



Receiver. 



[4-007.] 

HOMESTEAD. 

Application No. . 

Land Office at , 

, 188-. 

I, .~— _ 5 of , do hereby apply to enter, under section 2289, Re- 
vised Statutes of the United States, the of section , in township of 

range , containing — acres. 

My post-office address is * 



Land Office at , 

, 188-. 

I, , register of the land office , do hereby certify that the above appli- 
cation is for surveyed lands of the class which the applicant is legally entitled to 
enter under section 2289, Revised Statutes of the United States, and that there is no 
prior valid adverse right to the same. 

— — — — > 

Register. 



[4-063.] 
HOMESTEAD. 

AFFIDAVIT. 



Land Office at — , 



188-. 



j 

I, , of , having filed my application, No. , for an entry under 

section No. 2289, Revised Statutes of the United States, do solemnly swear that 
that said application, No. , is made for the purpose of actual settle- 
ment and cultivation ; that said entry is made for my own exclusive benefit, and not 
directly or indirectly for the benefit or use of any other person or persons whomso- 
ever : and that I have not heretofore had the benefit of the homestead laws. 



Sworn to and subscribed this day of , before. 



of the Land Office. 



Note. — If this affidavit be acknowledged before the clerk of the court, as provided for by section 
2294, TJ. S. Revised Statutes, the homestead party must expressly state herein that he or some mem- 
ber of his family is residing upon the land applied for, and that bona fide improvement and settlement 
have been made. He must also state why he is unable to appear at the land office. 

[Marginal notes in red ink. J 

See note, which clerks of the courts and registers and receivers will read and explain thoroughly to 
persons making application for lands where the affidavit is made before either of them. (See direc- 
tions to land officers on duplicate receipt.) 

Timber land embraced in a homestead, or other entry not consummated, may be cleared in order to 
cultivate the land and improve the premises, but for no other purpose. 

If, after clearing the land for cultivation, there remains more timber than is required for improve- 
ment, there is no objection to the settler disposing of the same. But the question whether the land is 
being cleared of its timber for legitimate purposes is a question of fact, which is liable to be raised at 
any time. If the timber is cut and removed for any other purpose, it will subject the entry to cancel- 
lation, and the person who cut it will be liable to civil suit for recovery of the value of said timber, and 
also to criminal prosecution under section 2461 of the Revised Statutes. 

* If residence in city, street and number must be given. 



131 

[4-089.] 

HOMESTEAD AFFIDAVIT. 

Under section 2294, Revised Statutes, for settlers who can not appear at the district land 

office. 

Office of the Clerk of the Court for County, 

, 188-. 

I> » of , having filed my homestead application No. , do 

solemnly swear that ; that said application No. is made for the purpose of 

actual settlement and cultivation ; that said entry is made for my exclusive use and 
benefit, and not directly or indirectly for the use or benefit of any other person or 

persons whomsoever ; that now residing on the land I desire to enter, and that 

I have made a bona fide improvement and settlement thereon ; that gaid settlement 

was commenced ; that my improvements consist of , anu that the value 

of the same is $— — ; that owing to I am unable to appear at the district laud 

office to make this affidavit, and that I have never before made a homestead entry 
except . 



Sworn to and subscribed before me this day of 188-. 



Cleric of the Court for 



Note.— The claimant must fill tip the hlank places above, showing whether he is the head of a family 
or over twenty-one years of age; whether a native citizen, or has declared his intention to become a 
citizen; whether he and his family, or some member thereof, is residing on the land, giving the date 
of actual settlement, describing the dwelling-house and improvements, and stating the value of the 
aame, and stating reason for not appearing at the district land office. If claimant ever before made a 
homestead entry, describe the same; if not, draw a line over the word "except." 



[4-137.] 

Receiver's receipt, No. . Application, No. . 

HOMESTEAD. 

Receiver's Office, — 



188-. 



Received of ■■ the sum of dollars cents ; being the amount 

of lee and compensation of register and receiver for the entry of of section 

in township of range , under section No. 2290, Revised Statutes of the 

United States. 



Beceiver. 



I 



!N"otb. — It is required of the homestead settler that he shall reside upon and cultivate the land em- 
braced in his homestead entry for a period of five years from the time of filing the affidavit, being also 
the date of entry. ^ An abandonment of the land for more than six months works a forfeiture of the 
claim. Further, within two years from the expiration of the said five years he must file proof of 
his actual settlement and cultivation, failing to do which, his entry will be canceled. If the settler 
does not wish to remain five years on his tract, he can, at any time after six months, pay for it with 
cash or land warrants, upon making proof of settlement and cultivation from date of tiling affidavit to 
the time of payment. 

[Marginal notes in red ink.] 

See note in red ink, which registers and receivers will read and explain thoroughly to persons mak- 
ing application for lands where the affidavit is made before either of them. 

Timber land embraced in a homestead, or other entry not consummated, may be cleared in order to 
cultivate the land and improve the premises, but for no other purpose. 

If, after clearing the land for cultivation, there remains more timber than is required for improve- 
ment, there is no objection to the settler disposing of the same. But the question whether the land 
is being cleared of its timber for legitimate purposes is a question of fact, which is liable to be raised at 
any time. If the timber is cut and removed for any other purpose, it will subject the entry to cancel- 
lation, and the person who cut it will be liable to civil suit for recovery of the value of said timber, and 
alto to criminal prosecution under section 2461 of the Revised Statutes. 



132 

[4-348.] 
HOMESTEAD NOTICE OF INTENTION TO MAKE FINAL FROOF. 

Land Office at — 



188-. 



I, * , of , who made homestead application No. for the 

do hereby give notice of my intention to make final proof to establish my claim to the 
land above described, and that I expect to prove my residence and cultivation be- 
fore at on , 188-, by two of the following witnesses : 

, of , 

, of , 



[Signature of claimant.] 

Land Office at , 

, 188-. 



Notice of the above application will be published in the printed at , 

which I hereby designate as the newspaper published nearest the land described in 
said application. 

, Begi8ter. 

Notice to claimant.— G-ive time and place of proving up and name the title of the officer hefore 
whom proof is to he made ; also give names and post-office address of four neighbors, two of whom 
must appear as your witnesses. 



[4-347.] 
NOTICE FOB PUBLICATION. 

Land Office at 



-, 188-. 



Notice is hereby given that the following-named settler has filed notice of his in- 
tention to make final proof in support of his claim, and that said proof will be made 
before at , on , 188-, viz : , for the . 

He names the following witnesses to prove his continuous residence upon and culti- 
vation of said land, viz : , of , of , of , of . 

Any person who desires to protest against the allowance of such proof, or who 
knows of any substantial reason, under the law and the regulations of the Interior 
Department, why such proof should not be allowed, will be given an opportunity at 
the above-mentioned time and place to cross-examine the witnesses of said claimant, 
and to offer evidence in rebuttal of that submitted by claimant. 

, Register. 

Note— This notice must also he posted in a conspicuous place in the Land Office for a period of 
thirty days prior to date of final proof. 



HOMESTEAD CONSOLIDATED NOTICE FOR PUBLICATION. 

Land Office at 



-,18—. 

Notice is hereby given that the following named settlers have filed notice of in- 
tention to make final proof on their respective claims before , at , 

on , 18 — , viz : 

, on homestead application No. , for f.he . 



Witnesses : , of , and -: , of • 



-, on pre-emption declaratory statement No. , for the 



Witnesses : , of , and , of 



-, Register. 



133 

L4-227.] 
CERTIFICATE AS TO POSTING OF NOTICE. 

Land Office at 



188- 



I, , register, do hereby certify that a notice, a printed copy of which 

is hereto attached, was by me posted in a conspicuous place in aiy office for a period 

of thirty days, I having first posted said notice on the day of , 188-. 

, Register. 



[4-070.] 
HOMESTEAD PROOF. 

FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. 

[Section 2291 of the Revised Statutes of the United States.] 

I, , having made a homestead entry of the section, No. , in 

township No. , of range No. , subject to entry at , under section No. 

2289 of the Revised Statutes of the United States, do now apply to perfect my claiai 
thereto by virtue of section No. 2291 of the Revised Statutes of the United States, 

and for that purpose do solemnly that I am a citizen of the United States ; 

that I have made actual settlement upon and have cultivated said land, having re- 
sided thereon since the day of , 18 — , to the present time ; that no part of 

said land has been alienated, except as provided in section 2288 of the Revised 
Statutes, but that I am the sole bona fide owner as an actual settler ; that I will bear 
true allegiance to the Government of the United States; and further, that I have not 
heretofore perfected or abandoned an entry made under the homestead laws of the 
United States. 



I, , of the land office at , do hereby certify that the above affi- 
davit was subscribed and sworn to before me this day of , 188-. 



[4-140.] 

Final receiver's receipt No. . Application No. . 

HOMESTEAD. 

Receiver's Office, , 

, 188-. 

Received of the sum of — dollars cents, being the balance of 

payment required by law for the entry of of section , in township , of 

range , containing acres, under section 2291 of the Revised Statutes of the 

United States. 

I—; 

, Receiver. 



[4-196.] 
HOMESTEAD. 

Land Office at 



-, 188-. 



Final certificate No. . Application No. . 

It is hereby certified that, pursuant to the provisions of section No. 2291, Revised 

Statutes of the United States, ■ has made payment in full for of 

section No. , in township No. , of range No. , of the principal merid- 
ian r containing acres. 

Now, therefore, be it known, that on. presentation of this certificate to the Commis- 
sioner of the General Land Office, the said shall be entitled to a patent 

for the tract of land above described. 

, Register. 



134 

[4-069.] 

[To be used in cases of commuted homestead entries. For taking the testimony of claimant and his 
witnesses in making commutation proof, use the prescribed forms for "Homestead Proof."] 



AFFIDAVIT EEQUIRED OF CLAIMANT. 

[Section 2301 of the Eevised Statutes of the United States.] 

I, , claiming the right to commute, under section 2301 of the Revised 

Statutes of the United States, my homestead entry No. , made upon the 

•section , township , range , do solemnly swear that I made settlement upon 

said land on the day of , 18 — , and that since such date, to wit, on the 

day of , 18 — , I have built a house on said land, and have continued to reside 

therein up to the present time ; that I have broken and cultivated — acres of said 

land, and that no part of said land has been alienated, except as provided in section 
2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual 
settler. 

I farther swear that I have not heretofore perfected or abandoned an entry made 
under the homsestead laws of the United States. 



Land Office, 
Subscribed and sworn to before me this - — day of , 188- 



*, Register. 



[4-066.] . 
ADJOINING FARM HOMESTEAD. 

[Affidavit.] 

Land Office at , 

, , 188-. 

I, , of , having filed my application, No. , for an entry 

under the provisions of the act of Congress approved May 20, 1862, entitled "An 
act to secure homesteads to actual settlers on the public domain," do solemnly swear 

that ; that said entry is made for my own exclusive benefit, and not directly 

or indirectly for the benefit or use of any other person or persons whomsoever ; 
neither have I heretofore perfected or abandoned an entry made under this act ; that 

the land embraced in the said application, No. , is intended for an adjoining farm 

homestead ; that I now own and reside upon an original farm containing acres, 

and no more ; that the same comprises the of section , township , range 

, and is contiguous to the tract this day applied for. 

Sworn to and subscribed this day of , before, 



of the Land Office. 



[4-067.] 



FINAL AFFIDAVIT REQUIRED OF ADJOINING FARM HOMESTEAD CLAIM- 

ANTS. 

(Section 2291, Revised Statutes.) 

I, , having made a homestead entry of the , section No. , in 

township No. of range No. , .subject lo entry at , for the use of an ad- 
joining farm owned and occupied by me on the of section No. in township 

No. , of range No. , under section 2289 of (lie Revised Statutes, do now apply 

to perfect my claim thereto by virtue of section No. 2291 of the same, and for that 



135 

purpose do solemnly that I am a citizen of the United States ; that I have con- 
tinued to own and occupy the land constituting my original farm, having resided 

thereon since the day of , 18 — , to the present time, and have made use of 

the said entered tract as a part of my homestead, and have improved the same in the 

following manner, viz : . That no part of said land has been alienated, but 

that I am the sole bona fide owner as an actual settler ; that I will bear true allegiance 
to the Government of the United States ; and, further, that I have not heretofore per- 
fected or abandoned an entry under the homestead laws. 



I, , of the land office at , do hereby certify that the above affi- 
davit was taken and subscribed before me this day of , 18 — . 



[4-071.] 

(To be used in making Final Peoof in cases where pre-emption filings have been changed to home- 
stead entries under the acts of March 3, 1877, and May 27, 1878.) 

PRE-EMPTION HOMESTEAD AFFIDAVIT. 

I, , having changed my pre-emption declaratory statement No. 



filed the day of , 18 — , alleging settlement the day of , 18 — , for 

the section No. , in township No. , of range No. , to homestead 

entry original No. , district lands subject to entry at under the acts of 

Congress approved March 3, 1877, and May 27, 1878, do solemnly swear that I have 
never had the benefit of any right of preemption under section 2259 of the Revised 
Statutes of the United States; that I have not heretofore filed a pre-emption declara- 
tory statement for another tract of land ; that I was not the owner of three hundred 
and twenty acres of land in any State or Territory of the United States at any time 
during the above-mentioned period of settlement under the pre-emption statutes ; that 

I did not remove from my own land within the State of to make the settlement 

above referred to ; nor have I settled upon and improved said land to sell the same on 
speculation, but in good faith to appropriate it to my exclusive use or benefit ; and 
that I did not, during the period of pre-emption settlement above mentioned, directly 
or indirectly, make any agreement or contract, in any way or manner, with any per- 
son or persons whatsoever, by which the title which I might acquire from the Govern- 
ment of the United States would inure, in whole or in part, to the benefit of any per- 
son except myself. 

I, , of the land office do hereby certify that the above affidavit 

was subscribed and sworn to before me this day of , 18 — . 



[4-018. 1 

ADDITIONAL HOMESTEAD. 

(Act of March 3, 1879.) 

APPLICATION No. .] Land Office at , 

, 18-. 

I, , of , do hereby apply to enter, under the act of March 3, 

1879, the , of section , in township , of range , containing — 

acres, as additional to my entry No. , for the of , section , in 

township , of range 



My post-office address is 



LAND OFFICE AT 



18—. 



I, , register of the land office, do hereby certify that the above ap- 
plication is for surveyed lands of the class which the applicant is legally entitled to 
enter under the act of March 3, 1879, and that there is no prior valid adverse right to 
the same. 

, Register. 

* If residence in city, street and number must be given. 



136 

(Affidavit.) 

[4-086.] 

ADDITIONAL HOMESTEAD. 

(Act of March 3, 1879.) 

Land Office at , 

, 188-. 

' I, , of , having filed my application, No. , for an entry under 

the act of March 3, 1879, do solemnly swear that ; that I did not serve for a pe- 
riod of ninety days or more in the Army or Navy of the United States during the war 
of the rebellion, and receive an honorable discharge therefrom ; that said application 

No. is made for my exclusive benefit ; and that said entry is made for the purpose 

of actual settlement and cultivation as an addition to my homestead, No. , and 

not, directly or indirectly, for the use or benefit of any other person or persons whom- 
soever, and that I have not heretofore had the benefit of said act. 



Sworn to and subscribed this day of , 188-, before — 



Note. — If this affidavit be acknowledged before the clerk of the court, as provided for by section 
2294, U. S. Revised Statues, the homestead party most expressly state herein that he or some member 
of his family is residing upon the land applied for, or upon the land embraced in his original entry, and 
that bona tde improvement and settlement have been made. He must also state why ne is unable to 
appear at the land office. 



[4-546.] 
SOLDIER'S DECLARATORY STATEMENT. 

I, , of County, and State or Territory of , do solemnly 

swear that I served for a period of in the Army of the United States during the 

war of the rebellion, and was honorably discharged therefrom, as shown by a state- 
ment of such service herewith, and that I have remained loyal to the Government ; 
that I have never made homestead entry or filed a declaratory statement under sec- 
tions 2290 and 2304 of the Revised Statutes ; that I have located as a homestead under 

said statute the , and hereby give notice of my intention to claim and enter 

said tract; that this location is made for my exclusive use and benefit, for the purpose 
of my actual settlement and cultivation, and not, either directly or indirectly, for the 
use and benefit of any other person. 

My present post-office address is . 

Sworn to and subscribed before me this day of , 188-. 

[seal.] . 



Note.— This form may be used where the soldier flies his own declaratory statement. 



[4-545.] 

SOLDIER'S DECLARATORY STATEMENT. 

(filed by an agent.) 

I, , of ■ County and State or Territory of , do solemnly 

swear that I served for a period of in the Army of the United States during 

the war of the rebellion, and was honorably discharged therefrom, as shown by a 
statement of such service herewith, and that I have remained loyal to the Govern- 
ment ; that I have never made homestead entry or filed a declaratory statement 
under sections 2290, 2304, or 2309 of the Revised Statutes ; that I have appointed, by 

power of attorney duly executed on the day of (or I do hereby appoint), 

, of County and State of , my true and lawful agent, under section 

2309 aforesaid, to select for me and in my name, and file my declaratory statement for a 



137 

homestead right under the aforesaid sections ; and I hereby give notice of my intention 
to claim and enter said tract under said statute ; that the location herein authorized 
is made for my exclusive use and benefit, for the purpose of my actual settlement and 
cultivation, and not either directly or indirectly for the use or benefit of any other per- 
son ; that my said attorney has no interest, present or prospective, in the premises, 
and that I have made no arrangement or agreement with him or any other person for 
any sale or attempted sale or relinquishment of my claim in any manner or for any 
consideration whatever, and that I have not signed this declaration in blank. 



Sworn to and subscribed before me this day of , 18$-, and I certify that 

the foregoing declaration was fully filled out before being subscribed or attested. 



[official, seal.] 



By virtue of the foregoing, and of a certain power of attorney therein named, duly 

executed on the day of , and tiled herewith, I hereby select the as 

the homestead claim of , the aforesaid, and do solemnly swear that the same 

is filed in good faith for the purposes therein specified, and that I have no interest or 
authorit3 r in the matter, present or prospective, beyond the filing of the same as the 

true and lawful agent of the said , as provided by section 2309 of the Eevised 

Statutes of the United States. 



Agent. 
Sworn to and subscribed before me this day of — , 188-. 

[OFFICIAL SEAL.] . 

Note. — This form may be used where the declaratory statement is filed by an agent under section 
2309, Revised Statutes." 



[4-015.] 

Soldiers' and sailors' homesteads under act Juno 8, 1872. 

HOMESTEAD. 
Application No. .] Land Office at 



-, 188-. 

I, , of , do hereby apply to enter, under the provisions of the 

act of June 8, 1872, amendatory of an act entitled " An act to enable honorably dis- 
charged soldiers and sailors, their widows and orphan children, to secure homesteads 

on the public domain," the of section , in township , of rauge , 

containing acres, and for which I have filed my declaration on the day of 

, 18 — , through , my duly appointed agent. 

My post-office address is * . 



Land Office at 



-, 188-. 



I, , register of the land office, do hereby certify that filed the 

above application at this office on the day of , 18 — , and that he has taken 

the oath and paid the fees and commissions prescribed by law. 

, Register. 

* If residence in city, street and number must be given. 



138 

[4-065.] 
Soldiers' and sailors' homesteads under act June 8, 1872. 

AFFIDAVIT. 
No. .] Land Office at 



188-. 



I, , of — , do solemnly swear that I am a , of the age of 

twenty-one years, and a citizen of the United States ; that I served for ninety days 

in company — , Regiment United States Volunteers; that I was mustered into 

the United States military service the day of , 18 — , and was honorably dis- 
charged therefrom on the day of , 18 — ; that I have since born true alle- 
giance to the Government; and that I have made my application No. to enter a 

tract of land under the provisions of the act of June 8, 1872, giving homesteads to 
honorably discharged soldiers and sailors, their widows and orphan children; that I 
have made said application in good faith; and that I take said homestead for the pur- 
pose of actual settlement and cultivation, and for my own exclusive use and benefit, 
and for the use and benefit of no other person or persons whomsoever; and that I 
have not heretofore acquired a title to a tract of land under this or the original home- 
stead law, approved May 20, 1862, or the amendments thereto, or voluntarily relin- 
quished or abandoned an entry heretofore made under said acts. So help me God. 

Sworn and subscribed to before me, , register of the land office at , this 

day of , 188-. 



Register. 



[4-008.] 
Additional entry under section 2306 of the Revised Statutes of the United States. 

APPLICATION. 

No. .-] Land Office, , 

, 188-. 

I, , of County, State of , being entitled to the benefits of 

section 2306 of the Eevised Statutes of the United States, granting additional lands to 
soldiers and sailors who served in the war of the rebellion, do hereby apply to enter 

the as additional to my original homestead on the , which I entered 

, 18 — , per homestead No. . 

My post office address is * . 



Land Office, , 

, 188-. 

I, , register of the land office at , do hereby certify that 



filed the above application before me for the tract of land therein described, and that 
he has paid the fee and commissions prescribed by law. 

, Register. 



[4-197.] 
Additional entry under section 2306 of the Revised Statutes of the United States. 

CERTIFICATE. 

Land Office, , 

,18-. 

Final certificate No. .] [Application No. . 

It is hereby certified that, pursuant to the provisions of section 2306 of the Revised 

Statutes of the United States, has paid the fee and commissions and made 

entry of the , of section , of township , of range , containing 

* If residence in city, street and number must be given. 



139 

acres, which, added to the quantity embraced in his original homestead No. , on 

which he has made final proof, as per certificate No. , does not exceed 160 acres. 

Now, therefore, be it known that, on presentation of this certificate to the Commis- 
sioner of the General Land Office, the said shall be entitled to a patent for the 

tract of land above described. 



-, Register. 



[4-343.] 
United States Land Office, 



188-. 



Sir : Your homestead entry No. , Sec. , T. , R. , was made 

, 18 — , and the five years during which residence and cultivation were required 

by law expired — , 188-. 

The law provides that patent shall issue upon the presentation of proper proof of 
residence and cultivation within two years after the expiration of the five years re- 
ferred TO. 

If this final proof is not presented within the time prescribed, this office will be 
warranted in treating the entry as voluntarily abandoned on your part. 



To 



-, Register. 

-, Receiver. 



[4-344.] 

United States Land Office,- 



188-. 



Sir: You are hereby notified that the homestead law requires final proof of settle- 
ment and cultivation to be made within two years after the expiration of five years 

from date of entry, and that in case of your entry, No. , for , of section 

. township , range , dated , 188-, the time fixed by the statute has 

expired without the requisite proof being filed by you. You will, therefore, within 
thirty days from date of service of this notice, show cause, before us, why your claim 
shall not be declared forfeited, and your entry canceled, for non-compliance with the 
requirements of the law, so that the case may be reported to the Commissioner of the 
General Land Office for the proper action. 

— , Register. 

, Receiver. 

To , 



[4-009.] 
TIMBER-CULTURE ACT OF JUNE 14, 1878. 

Application No. . ] 

I, , hereby apply to enter, under the provisions of the act of June 14, 1878, 

entitled "An act to amend an act entitled 'An act to encourage the growth of timber 

on the western prairies,'" the — of section , in township , of range , 

containing acres. 

My post-office address is * . 



Land Office at — , 

, 188-. 

I, , register of the land office, do hereby certify that the above application is 

for the class of lands which the applicant is legally entitled to enter under the pro- 
visions of the timber-culture act of June 14, 1878; that there is no prior valid adverse 
right to the same, and that the laud therein described, together with the lands here- 
tofore entered, under this act and the acts of which this is amendatory, in the said 
section, does not exceed one-quarter thereof. 

, Register. 

*If residence in city, street and number must be given. 



140 

T4-073.1 

[This affidavit can be made only upon applicant's personal knowledge, "will nof be accepted when 
based on information, and must be subscribed and sworn to in the land district in which the land is 
situated and before the register or receiver or officer authorized to take such affidavits in that dis- 
trict.] 

TIMBER-CULTURE AFFIDAVIT. 



Land Office at 



(Date) , 18—. 

I, , having tiled my application No. for an entry under the pro- 
visions of an act entitled "An act to amend an act entitled 'An act to encourage the 

growth of timber on the western prairies,' " approved June 14, 1878, do solemnly 

that I am the head of a family (or over twenty-one years of age), and a citizen of the 
United States (or liave declared my intention to become such) ; that the section of land 
specified in my said application is composed exclusively of prairie lands, or other 
lands devoid of timber ; that this filing and entry is made for the cultivation of tim- 
ber, and for my own exclusive use and benefit ; that I have made the said application 
in good faith, and not for the purpose of speculation, or directly or indirectly for the 
use or benefit of any other person or persons whomsoever ; that I intend to hold and 
cultivate the land, and to fully comply with the provisions of this said act ; and that 
I have not heretofore made an entry under this act, or the acts of which this is 
amendatory. 

My post-office address is * . 



I hereby certify that the foregoing affidavit was read to affiant in my presence be- 
fore he signed his name thereto ; that said affiant is to me personally known (or has 

been satisfactorily identified before me by ), and that I verily believe him to be 

a credible person and the person he represents himself to be, and that this affidavit 

was swt>rn and subscribed to before me at my office in , within the land 

district on this day of , 18 — . 

My commission expires . 



Note. — Any person swearing falsely to the foregoing affidavit or to any of the statements therein, 
is guilty of perjury and will be punished as provided by law for that offense. 

The officer before whom the testimony is taken should call the attention of the witness to the fol- 
lowing act of Congress, which is made by statute specially applicable to all oaths, affirmations, and 
affidavits required or authorized under the timber- culture acts : 

act OF march 3, 1857 (11 Statutes, p. 250). 

" Sec. 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall 
be made or taken before any register or receiver, or either or both of them, of any local land office in 
the United States or any Territory thereof, or where any oath, affirmation, or affidavit shall be made 
or taken before any person authorized by the laws of any State or Territory of the United States to 
administer oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made, 
used, or filed in any of the said local land offices, or in the General Land Office, as well in cases arising 
under any or either of the orders, regulations, or instructions concerning any of the public lauds of 
the United States, issued by the Commissioner of the General Land Office or other proper officer of 
the Government of the United States, as under the laws of the United States, in anywise relating to 
or affecting any right, claim, or title, or any contest therefor, to any of the public lands of the U nited 
States, and if any person or persons shall, taking such oath, affirmation, or affidavit, knowingly, will- 
fully, or corruptly swear or affirm falsely, the same shall be deemed aud taken to be perjury, and the 
person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that 
offense by the laws of the United States." (See also section 5392, TT. S. Revised Statute*.) 



[4-142.] 

TIMBER CULTURE. 

Receiver's receipt, No. .] [Application No. 

Receiver's Office, 



(Date.) , 188-. 

Received of the sum of dollars cents, being the amount of fee and 

compensation of register and receiver for the entry of of section , in town- 
ship of range , under the first section of the act of Congress approved June 

14, 1878 entitled "An act to amend an act entitled 'An act to eucourage the growth 
of timber on the western prairies.'" 

, Receiver. 

»— . . 

* If residence in city, street and number must bo given. 



141 

[4-093.] 

TIMBER-CULTURE ENTRY. 

jAcfcs of March 3, 1873, March 13, 1874, and June 14, 1878.] 

FINAL AFFIDAVIT. 

I, , having on the day of , 18 — , made a timber-culture en- 
try, No. , of the of section , in township of range , subject to 

entry at , , under the timber-culture laws of the United States, do hereby 

apply to perfect my claim thereto by virtue of the seventh section of the act of June 
14, 1878, entitled "An act to amend an act entitled 'An act to encourage the growth 

of timber on the western prairies,' " and for that purpose do solemnly that my 

aforesaid entry was made in good faith, and not for the purpose of speculation, or di- 
rectly or indirectly for the use or benefit of any other person or persons whomsoever ; 
that! have not heretofore made any other entry under the timber-culture laws of the 
United States ; and I do further that the section of land specified in my afore- 
said entry is composed exclusively of prairie lands or other lands devoid of timber, 
and that said entry was made for the cultivation of timber, and that I have planted 
on said land, cultivated, protected, and kept in a healthy growing condition for and 

during the period of eight (8) years last past acres of (here describe the 

kinds) timber ; that not less than trees were planted on each acre, and that 

there are now at least {here state the number) living and thrifty trees to and 

upon each acre, aggregating in total the number of trees. 

[Signature of claimant.] 

Sworn to and subscribed before me this day of , 188-. 



[4-385.] 
TIMBER-CULTURE PROOF. 

TESTIMONY OF CLAIMANT. 
(Acts of March. 3, 1873, March 13, 1874, and June 14, 1878.) 
, being called as a witness in own behalf, in support of 



timber-culture entry No. , for — section , township , of range 

meridian, in the district of lands subject to entry at , testifies as follows : 

Ques. 1. What is your name (written in full and correctly spelled), your age, and 
post-office address ? — Ans. . 

Ques. 2. Describe your timber-culture entry, giving the date thereof and the num- 
ber of acres embraced therein. — Ans. . 

Ques. 3. What number of acres of said land was broken by you during the first 
year, what number broken during the second year, and what number broken during 
the third year, respectively, after the date of your entry ? Give the day, month, and 
year, as nearly as practicable, in each instance, when the several breakings were 
done; describe the method of breaking, and in what way your measurements were 
made? — Ans. . 

Ques. 4. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the second year of your entry, giving 
the day, month, and year, as nearly as practicable, when the planting was done, the 
kind or kinds of trees planted; and state how you know the area or number of acres 
so prepared and planted during said second year? — Ans. . 

Ques. 5. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the third year of your entry, giving 
the day, month, and year, as nearly as practicable, when the planting was done, the 
kind or kinds of trees planted ; and state how you know the area or number of acres 
so planted during said third year. — Ans. . 

Ques. 6. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the fourth year of your entry, giving 
the day, month, and year, as nearly as practicable, when the planting was done, the 



142 

kind or kinds of trees planted ; and state how yon know the area or number of acres 
so planted during said fourth year. — Ans. . 

Ques. 7. If you have received an extension of time for planting on account of de- 
struction of your trees, seeds, or cuttings, by grasshoppers, or by extreme and unusual 
drought, state the year or years in which extension was had, and give all the particu- 
lars. How d id you proceed to obtain such extension ? — Ans. . 

Ques. 8. How many acres of timber have you planted, cultivated, protected, and 
kept in a healthy growing condition for the period of eight (8) years, last preceding, 
on the tract embraced in your entry ? — Ans. . 

Ques. 9. Describe the condition of the trees now growing on said tract, giving 
their average diameter and height, as near as you can, the kind or kinds of trees, the 
number of trees per acre now growing thereon, and state how you know the facts to 
which you testify. — Ans. . 

Ques. 10. Have you ever heretofore made any other timber-culture entry? If so, 
describe such entry or entries and state all the particulars. — Ans. . 

Ques. 11. Is the section specified in your entry composed of prairie land, or was it 
devoid of timber at the date of your entry ? — Ans. . 

Ques. 12. State anything further within your personal knowledge which you have 
to offer regarding your aforesaid entry ? — Ans. . 

(Signature of Claimant.) 

I hereby certify that etich question and answer in the foregoing testimony was 

read to the claimant before signed name thereto, and that the same was 

subscribed and sworn to before me this day of , 188 — . 



Note. — The officer before whom the testimony is taken should call the attention of 
the witness to the following act of Congress, which is made by statute specifically 
applicable to all oaths, affirmations, and affidavits required or authorized under the 
timber-culture acts : 

ACT OP MAKCH 3, 1857 (11 Statutes, p. 250). 

Sec. 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall 
he made or taken hefore any register or receiver, or either or hoth of them, of any local land office in 
the United States or any Territory thereof, or where any oath, affirmation, or affidavit shall be made or 
taken before any person authorized by the laws of any State or Territory of the United States to ad- 
minister oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made, 
used, or filed in any of said local land offices, or in the General Land Office, as well in cases arising 
under any or either of the orders, regulations, or instructions concerning any of the public lands of the 
United States, issued by the Commissioner of the General Land Office or other proper officer of the 
Government of the United States, as under the laws of the United States, in anywise relating to or 
affecting any right, claim, or title, or any contest therefor, to any of the public lands of the United 
States, and any person or persons shall, taking such oath, affirmation, or affidavit, knowingly, willfully, 
or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person 
or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offense 
by the laws of the United States. (See also Section 5392, U. S. Revised Statutes.) 



[4-386.] 

[The testimony of two witnesses, in this form, taken separately, required in each case.] 

TIMBER-CULTURE PROOF. 

TESTIMONY OF WITNESS. 
(Acts of March 3, 1873, March 13, 1874, and June 14, 1878.) 



, being called as a witness in support of the timber-culture entry of 

, No. — — , for the of section , township , of range , 

meridian, in the district of lands subject to entry at , testifies as follows: 

Ques. 1. What is your name, age, occupation, and residence ? — Ans. — . 

Ques. 2. Are you well acquainted with , the claimant ; and if so, since 

what time have you known him ? — Ans. . 

Ques. 3. If you have personal knowledge regarding claimant's timber-culture en- 
try, give the date when said entry was made, describe the tract or tracts, and state 
the number of acres embraced therein ? — Ans. . 



143 

Ques. 4. How far do you reside from the land described, and have you had contin- 
uous personal knowledge of said land and the improvements thereon during the last 
eight (8) years ? — Ans. . 

Ques. 5. Was the section embracing the entry of the claimant composed of prairie 
lands or other lauds devoid of timber ? Describe the land embraced in said section, 
whether undulating or otherwise ; and if any natural timber was growiug on the tract 
named at the date of entry, state the kind or kinds of trees so growing, and their 
number, situation, and size. — Ans. . 

Ques. 6. How many acres of the land embraced in claimant's entry were broken 
by him during the first year, how many during the second year, how many during the 
third year, respectively, after the date of entry? Give the day, month, and year, in 
each instance, as near as practicable, when the several breakings were done; de- 
scribe the method of breaking, and in what way your measurements were made, or 
how you know the area or number of acres broken. — A. . 

Ques. 7. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the second year of said entry, giving 
the day, month, and year, as near as practicable, when the planting was done, the 
kind or kinds of trees planted ; and state how you know the area or number of acres 
so prepared and planted during said second year. — Ans. . 

Ques. 8. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the tliird year of said entry, giving 
the day, month, and year, as near as practicable, when the planting was done, the 
kind or kinds of trees planted; and state how you know the area or number of acres 
so prepared and planted during said third year. — Ans. . 

Ques. 9. Describe the way in which the ground was prepared, and state how many 
acres of said tract were planted to trees during the fourth year of said entry, giving 
the day, month, and year, as near as practicable, when the planting was done, the 
kind or kinds of trees planted ; and state how you know the area or number of acres 
so prepared and planted during said fourth year. — Ans. . 

Ques. 10. Has the claimant ever had the trees, seeds, or cuttings on the tract em- 
braced in hi 8 timber-culture entry destroyed by grasshoppers or by extreme and un- 
usual drought ? If so, state the year or years in which the destruction took place, and 
give all the facts within your personal knowledge ? — Ans. . 

Ques. 11. How many acres of timber on the tract described has the claimant 
planted, cultivated, protected, and kept in a healthy, growing condition for the pe- 
riod of eight (8) years, last preceding, and from what source is your knowledge upon 
this point obtained ? — Ans. . 

Ques. 12. Describe the condition of the trees now growing on said tract, give their 
average diameter and height, as nearly as you can, the kind or kinds of trees, the 
number of frees to the acre, and state how you know the facts to which you testify. — 
Ans. . 

Ques. 13. Has the claimant, to your knowledge, ever made any other timber-culture 
entry? — Ans. . 

Ques. 14. Have you any interest, direct or indirect, in this claim ? — Ans. . 

Ques. 15. State any further facts which you may know of your own personal knowl- 
edge regarding the aforesaid timber-culture entry ? — Ans. . 

(Signature of witness.) 

I hereby certify that the above-named personally appeared before 

me, and that he is a credible witness ; that the foregoing testimony was read to him 
before being subscribed, and was sworn to by him before me this day of , 

188-. 



Note. — The officer before whom the testimony is taken should call the attention of 
the witness to the following act of Congress, which is made by statute specifically 
applicable to all oaths, affirmations, and affidavits required or authorized under the 
timber- culture acts: 

ACT OF MARCH 3, 1857 (11 Statutes, p. 250). 

Sec 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall he 
made or taken before any register or receiver, or either or both of them, of any local land office in the 
United States or any Territory thereof, or where any oath, affirmation, or affidavit shall be made or 
taken before any person authorized by the laws of any State or Territory of the United States to ad- 
minister oaths or affirmations, or take affidavits, and such oaths, affirmations, or affidavits are made, 
used, or filed in any of said local land offices, or in the General Land Office, as well in cases arising 
under any or either of the orders, regulations, or instructions concerning any of the public lands of 
the United States, issued by the Commissioner of the General Land Office or other proper officer of 



144 

the Government of the "United States, as under the laws of the United States in anywise relating to or 
affecting any right, claim, or title, or any contest therefor, to any of the public lands of the United 
States, and if any person or persons 3hall, taking such oath, affirmation, or affidavit, knowingly, will- 
fully, or corruptly swear, or affirm falsely, the same shall he deemed and taken to be perjury, and the 
person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed fur that 
ofiense by the laws of the United States. (See also section 5392, V. S. Revised Statutes.) 



[4-148.] 

Final receiver's receipt No. .] L Application No. 

TIMBER CULTURE. 
(Acts of March 3, 1873, March 13, 1874, and June 14, 1878. 

Receiver's Office, , 

, 188-. 

Received of the sum of dollars cents, being the balance 

of payment required by law for the timber-culture entry of the of section , 

in township , of range , meridian, containing -j-^ acres, under the 

acts of March 3, 1873, and March 13, 1874, and the act of June 14, 1878, amendatory 
thereof, entitled "An act to amend the act entitled 'An act to encourage the growth 
of timber on the western prairies.' " 



Receiver. 



[4-217.] 

TIMBER CULTURE. 

(Acts of March 3, 1873, March 13, 1874, and June 14, 1878.) 

Land Office at , 

— «— , 188-. 

Final Certificate No. . ] [Application No. . 

It is hereby certified that, in pursuance of the provisions contained in the acts of 
Congress of March 3, 1873, and March 13, 1874, and the act amendatory thereof of 
June 14, 1878, entitled " An act to amend the act entitled 'An act to encourage the 
growth of timber on the western prairies,' " , of- , has made pay- 
ment in full for of section No. , in township No. , of range No. , 

meridian, containing yxnr acres. 

Now, therefore, be it known that, on presentation of this certificate to the Com- 
missioner of the General Land Office, the said shall be entitled to a pat- 
ent for the tract of land above described. 

- , Register. 



[4—537.] 



(This affidavit can be made only upon the personal knowledge of applicant derived from his own per- 
sonal examination of tbe land.) 

TIMBER AND STONE LANDS— SWORN STATEMENT. 



(To be made in duplicate.) 



Land Office at 



{Date) , 18—. 

I, , of (town or city) , county of , State (or Territory) of 

, desiring to avail myself of the provisions of the act of Congress of June 3, 1878, 

entitled u An act for the sale of timber lands in the States of California, Oregon, 



145 

Nevada, and in Washington Territory," for the purchase of the , of section 

township , of range , in the district of lands subject to sale at 



do solemnly that I am a native (or naturalized) citizen (or have declared my 

intention to become a citizen*) of the United States, of the age of , and by 

occupation ; that I have personally examined said land, and from my personal 

knowledge state that said land is unfit for cultivation, and valuable chiefly for its 

; that it is uninhabited ; that it contains no mining or other improvements 

nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, 

or coal ; that I have made no other application under said act ; that I do not apply 
to purchase the land above described on speculation, but in good faith to appropriate 
it to my own exclusive use and benefit, and that I have not, directly or indirectly, 
made any agreement or contract, or in any way or manner, with any person or persons 
whomsoever, by which the title I may acquire from the Government of the United 
States may inure in whole or in part to the benefit of any person except myself, and 
that my post-office adress is t . 



I hereby certify that the foregoing affidavit was read to affiant in my presence be- 
fore he signed his name thereto ; that said affiant is to me personally known (or has 

been satisfactorily identified before me by , . , ,), and that I 

verily believe him to be the person he represents himself to be ; and that this affidavit 
was subscribed and sworn to before me this - — day of , 18 — . 

Register (or Receiver). 

Note.— Every person swearing falsely to the foregoing affidavit is guilty of perjury, and will bo 
punished as provided bylawjfor such offense. In addition thereto, the money that may be paid for the 
land is forfeited, and all conveyances of the land or of any right, title, or claim thereto, are absolutely 
null and void as against the United States. 



[4-371.] 

(The testimony of two witnesses, in this form, taken separately, required in each case.) 

TESTIMONY OF WITNESS UNDER ACT OF JUNE 3, 1878. 

■ ■ , being called as a witness in support of the application of 

to purchase the of section , township of range , testifies as 

follows : 

Question 1. What is your post-office address, and where do you reside ? — Answer. 



Question 2. What is your occupation ? — Answer. . 

Question 3. Are you acquainted with the land above described by personal inspec- 
tion of each of its smallest legal subdivisions ? — Answer. . 

Question 4. When and in what manner was such inspection made? — Answer. 



Question 5. Is it occupied, or are there any improvements on it not made for ditch 
or canal purposes, or which were not made by, or do not belong to, the said appli- 
cant? — Answer. . 

Question 6. Is it fit for cultivation ? — Answer. 



Question 7. What causes render it unfit for cultivation ?— Answer. 



Question 8. Are there any salines, or indications of deposits of gold, silver, cinnabar, 
copper, or coal on this land ? If so, state what they are, and whether the springs or 
mineral deposits are valuable. — Answer. . 

Question 9. Is the land more valuable for mineral or any other purposes than for 
the timber or stone thereon, or is it chiefly valuable for timber or stone ? — An- 
swer. : — . 

Question 10. From what facts do you conclude that the land is chiefly valuable for 
timber or stone ? — Answer. . 

Question 11. Do you know whether the applicant has directly or indirectly made 
any agreement or contract, in any way or manner, with any person whomsoever, by 
which the title which he may acquire from the Government of the United States may 
inure in whole or in part to the benefit of any person except himself ?— Answer. — — — . 

* In case the party has been naturalized or has declared his intention to become a citizen, a certified 
copy of his certificate of naturalization or declaration of intention, as the case may be, must, be fur- 
nished. 

t If the residence is in a city, the street and number must be given. 

14711 10 ' 



146 

Question 12. Are you in any way interested in this application, or in the lands 
above described, or the timber or stone, salines, mines, or improvements of any de- 
scription whatever thereon ? — Answer. . 



I hereby certify that witness is a person of respectability ; that each question and 

answer in the foregoing testimony was read to before signed 

name thereto, and that the same was subscribed and sworn to before me this day 

of— ,188-. 



Note. — The officer before whom the testimony is taken should call the attention of 
the witness to the following section of the Revised Statutes, and state to him that it 
is the purpose of the Government, if it be ascertained that he testifies falsely, to pros- 
ecute him to the full extent of the law : 

Title LXX.— CRIMES. -Ch. 4. 

Sec. 5392. Every person who, having taken an oath hefore a competent tribunal, officer, or person in 
any case in which a law of the United States authorizes an oath to he administered, that he will testify, 
declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by 
him subscribed is true, willfully and contrary to such oath states and subscribes any material matter 
which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more 
than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, 
moreover, thereafter be incapable of giving testimony in any court of the United States until such 
time as the judgment against him is reversed, f See § 1750.] 



[4-274.] 

(This affidavit can be made only upon applicant's personal knowledge, and from his own personal 
| examination of the land, and must be subscribed and sworn to before the register and receiver of 

the land district in which the land is situated, or before the judge or clerk of a court of record of the 

county in which the lands are situated.) 

Desert-land act of March 3, 1877. 
DECLARATION OF APPLICANT. 



United States Land Office, 



-,18-, 



I, , of (town or city) County of , and State (or Territory) 

of f being duly sworn, on oath depose and declare: That I am a native born 

(or naturalized) citizen (or have declared my intention to become a citizen) of the 

United States, of the age of years, and a resident of , and by occupation 

a ; that my post-office address is ; that I intend to reclaim a tract of 

desert land not exceeding one section, or 640 acres, by conducting water upon the 
same within three years from date of entry, under the provisions of the act of Con- 
gress approved March 3, 1887, entitled " kn act to provide for the sale of desert lands 
in certain States and Territories." The land which I intend to reclaim is desert land 
and is situated in county, in the land district, and is described as fol- 
lows, to-wit: The of section No. , Township No. , Range No. , con- 
taining acres. I further depose and declare that I have made no other dec- 
laration for desert lands nor any other entry under the provisions of said act ; that I 
am not the assignee of any desert land claim ; that I have made an actual personal 
examination of each and every legal subdivision of the land above described ; that 
said land borders on (state what stream or body of water and describe the same) 
and that there is through or upon said land (name and describe all water courses, 

springs, or other bodies of water) that said land is not naturally irrigated or 

watered, nor overflowed at any season of the year by the foregoing or any natural 
stream, spring, or other body of water; that I expect to obtain my water supply to 

irrigate said land from , that the character of the soil is , that said land 

will not, without artificial irrigation, produce an agricultural crop of any kind in 
amount reasonably remunerative, and that it will not, when unfed by grazing ani- 
mals, produce native grasses sufficient in quautity to make an ordinary crop of hay 
in usual seasons ; that there are no trees growing on said land, but that the same is 



147 

i , 

devoid of timber ; said land does not contain moisture sufficient to produce a natural 
growth of trees; that the same is essentially dry and arid land, wholly unlit for culti- 
vation without artificial irrigation ; that said land can not be successfully cultivated 
without being reclaimed by conducting water thereon; that said land has hitherto 
"been unappropriated, unoccupied, and unsettled because it has been impossible to 
cultivate it successfully on account of its dry and arid condition; that it is a fact 
well known, patent, and notorious, that the same will not, in its natural condition, 
produce any crop; that no portion of said land has ever been reclaimed by conduct- 
ing water thereon, and that there are no lands in the vicinity of this tract that are 
occupied by settlers and cultivated without artificial irrigation. And I further declare. 
That there is not, to my knowledge, within the limits of said land any vein or lode of 
quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or 
any deposit of coal; that there is not, within the limits of said land, to my knowl- 
edge, any placer, cement, gravel, or other valuable mineral deposit or salines; that 
no portion of said land is claimed for mining purposes under the local customs or 
rules of miners, or otherwise ; that no portion of said land is worked for mineral dur- 
ing any part of the year by any person or persons ; that said land is essentially non- 
mineral land, and that my declaration therefore is not made for the purpose of fraudu- 
lently obtaining title to mineral land, timber land, or agricultural land, but for the 
purpose of faithfully reclaiming the land above described by conducting water thereon 
within three years from date of entry. 

My post-office address is . 



Land Office at — • 

•-, 18—. 

I hereby certify that the foregoing affidavit was read to affiant in my presence 
before he signed his name thereto ; that said affiant is to me personally known (or has 

been satisfactorily identified before me by ), and that I verily believe 

him to be a credible person and the person he represents himself to be, and that 

this affidavit was subscribed and sworn to before me at my office in , on 

this day of , 18 — . 



NOTES. 

1. If residence is in a city, street and number must be given. 

2. In case the party has been naturalized, or has declared his intention to become a citizen, a certi- 
fied copy of his certificate of naturalization or declaration of intention, aa the case may be, must be 
furnished. 

3. "When the entry is made on unsurveyed land a correct diagram of the lands applied for must be 
furnished. 

4. Any person swearing falsely to the foregoing affidavit or to any of the statements therein, is 
guilty of perjury, and will be punished as provided by law for that offense. 

5. The officer before whom the deposition is taken should call the attention of the witness to the 
following section of the Revised Statutes, and state to him that it is the purpose of the Government, 
if it be ascertained that he testify falsely, to prosecute him to the full extent of the law. 

Title LXX.— CRIMES.— Chap. 4. 

Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, 
in any case in which a law of the "United States authorizes an oath to be administered, that he will 
testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or 
certificate by him subscribed is true, willfully and {contrary to such oath states or subscribes any 
material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a 
fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, 
and shall, moreover, thereafter be incapable of giving testimony in any court of the United States 
until such time as the judgment against him is reversed. (See § 1750.1 



148 

[4-074.] 
Desert land act of March 3, 1877. 
AFFIDAVIT OF WITNESS. 
No. . ] Land Office at 



18—. 



I, j of (town or city) , county of , and State (or Territory) 

of , being duly sworn, declare upon oath: That I am a resident of , of the 

age of , and by occupation a ; that my post-office address is ; that 

I am well acquainted with the character of each and every legal subdivision of the 

following-described land embraced in the declaration of , viz: the 

of Section No. , Township No. , Eange No. , containing acres ; that 

I became acquainted with said land by a personal examination of each and every 

legal subdivision thereof ;• that I have been acquainted with it for years last 

past ; that I have frequently passed over it ; that my knowledge of said land is such 
as to enable me to testify understandingly concerning it; that the same is desert land 
within the meaning of the second section of the act of Congress approved March 3, 1877, 
entitled "An act to provide for the sale of desert lands in certain States and Terri- 
tories ; " that said land borders on (state what stream or body of water, and describe 
the same), and that there is through or upon said land (name and describe all water- 
courses, springs, or other bodies of water); that said land is not naturally irrigated 
or watered, nor overflowed at any season of the year by the foregoing or any natural 
stream, spring, or other body of water ; that water to irrigate said land can be ob- 
tained frbm , a distance of from said land ; that the character of the soil 

is ; that it produces a natural growth of — ; that said land will not, 

without artificial irrigation, produce an agricultural crop of any kind in amount 
reasonably remunerative, and that it will not, when unfed by grazing animals, pro- 
duce native grasses sufficient in quantity to make an ordinary crop of hay in usual 
seasons ; that there are no trees growing on said land, but that the same is devoid of 
timber ; said land does not contain moisture sufficient to produce a natural growth of 
trees; that the same is essentially dry and arid land, wholly unfit for cultivation 
without artificial irrigation ; that said land can not be successfully cultivated without 
being reclaimed by conducting water thereon; that said land has hitherto been un- 
appropriated, unoccupied, and unsettled because it has been impossible to cultivate 
it successfully on account of its dry and arid condition; that it is a fact well known, 
patent, and notorious, that the same will not, in its natural condition, produce any 
crop ; that no portion of said land has ever been reclaimed by conducting water 
thereon, and that there are no lands in the vicinity of this tract that are or have been 
cultivated without artificial irrigation. And 1 further declare that there is not, to my 
knowledge, within the limits of said land any vein or lode of quartz, or other rock in 
place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal ; that 
there is not, within the limits of said land, to my knowledge, any placer, cement, 
gravel, or other valuable mineral deposit or salines ; that no portion of said land is 
claimed for raining purposes under the local customs or rules of miners, or otherwise; 
that no portion of said land is worked for mineral during any part of the year by any 
person or persons; and that said land is essentially non- mineral land. And I further 
declare that I make this affidavit at the request of , and that I am not in- 
terested in anyway or manner, directly or indirectly, present or prospective, in the 
application or declaration in support of which this affidavit is made, nor in the land 
itself, nor in any title thereto which may be acquired by said applicant or any other 
person. 

Land Office at , 

,18-. 

I hereby certify that the foregoing affidavit was read to affiant in my presence be- 
fore be signed his name thereto; that said affiant is to me personally known (or has 

been satisfactorily identified before me by ), and that I verily believe 

him to be a credible person and the person he represents himself to be, and that this 

a ffidavit was subscribed and sworn to before me at my office in , on this day 

of , 18—. 

, Register. 

, Receiver. 

Note. — The officer before whom the deposition is taken should call the attention of 
the witness to the following section of the Revised Statutes, and state to him that it 



149 

is the purpose of the Government, if it be ascertained that he testifies falsely, to 
prosecute him to the full extent of the law. 

Title LXX— CRIMES— Chap. I. 

Sec. 5394. Every person who, having taken an oath before a competent tribunal, officer, or person, 
in any case in which a law of tfce United States authorizes an oath to be administered, that lje will 
testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer- 
tificate by him subscribed is true, willfully and contrary to such oath states or subscribes any mate- 
rial matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine 
of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, 
and shall, moreover, thereafter be incapable of giving testimony in any court of the United States 
until such time as the judgment against him is reversed. [See § 1750.] 

6—392 (12300-5 M) 



[4-199.] 
DESERT LANDS.— ACT OF MARCH 3, 1877. 
No. .] United States Land Office, 



-, 18-. 



It is hereby certified that under the provisions of the act of Congress approved 
March 3, 1877, entitled "An act to provide for the sale of desert lands in certain States 
and Territories," , of , has this day filed in this office his declara- 
tion of intention to reclaim the following-described tract of land, viz : that he 

has filed evidence to show that the said tract of land is desert land as defined in the 
second section of said act, and that he has paid to the receiver the sum of dol- 
lars, being at the rate of cents per acre for the land above described. 

, Register. 

, Receiver. 

I • 

Within three years from the date of this certificate final proof and payment are, by 
law, required to be made. 

Notice of intention to make such proof must be filed by the claimant with the reg- 
ister and published in a newspaper designated by him for a period of thirty days or 
in six consecutive issues of said paper, which notice must also contain the names of 
the witnesses by whom the necessary facts will be established. 

• Desert-land entries are not assignable, and any assignment or conveyance of the 
same is void. 



[4-143.] 

♦ 

DESERT LAND ACT OP MARCH 3, 1877. 

Receiver's final receipt, No. — — .] [Declaration, No. . 

La.nd Office at — 



188-. 



Received from , of — County, State or Territory of , the 

sum of dollars and cents, being final payment of one dollar per acre for 

the , containing acres, at one dollar and twenty-five cents per acre, the 

»um of twenty- five cents per acre having been heretofore paid, as per original receipt 
No. — ^-. 

— — , Receiver. 

$ • 



150 

[4-200.] 

DESERT LAND ACT OF MARCH 3, 1877. 

Register's final certificate, No. . ] [Declaration, No. . 

Land Office at , 

, 18-. 

It is hereby certified that, in pursuance of the act of Congress, approved March 3, 
1877, entitled "An act to provide for the sale of desert lands in certain States and 
Territories," : , of County, State, or Territory of —* , has pur- 
chased of the register of this office, and made payment in full for the land described 
as follows, to wit : containing acres, at the rate of one dollar and twenty- 
five cents per acre, amounting to dollars: 

Now, therefore, be it known that on presentation of this certificate to the Commis- 
sioner of the General Land Office, the said shall be entitled to receive 

a patent for the tract of land above described. 

, Begister. 

[Notk.— See original declaration and receipt, No. .] 



[4-372.] 
FINAL PROOF UNDER THE DESERT-LAND ACT OF MARCH 3, 1877. 

DEPOSITION OF APPLICANT. 

1. Q. State your name, age, occupation, residence, and post-office address. — A. 



2. Q. Are yon a citizen of the United States, or, if not, have yon declared your in- 
tention to become such ? — A. . 

3. Q. Give the number and date of the desert-land entry heretofore made by yon, 
and describe the land embraced therein. — A. »■ 

4. Q. State its situation, the character of the soil, its proximity to water, and what 
natural streams or bodies of water are upon, or pass through, or adjoin it. — A. . 

5. Q. Do you own and control or have you a clear right to the use of water suffi- 
cient to irrigate the whole of the land and for keeping the same permanently irri- 
gated? — A. . 

6. Q. State the source and volume of the water-supply, how acquired by yon, and 
how maintained. — A. . 

7. Q. State from personal knowledge whether such water has been conducted dur- 
ing any one season upon all the land embraced in your entry, and if the same has 
been irrigated and reclaimed from its desert condition to such an extent that it will 
now produce an agricultural crop. — A. — . 

8. Q. State also the number, dimensions, and carrying capacity of the main ditch 
or ditches, and also of all the ditches on each legal subdivision of the land which are 
used in irrigating the same. — A. . 

9. Q. State whether you have seen water distributed through and by means of 
said ditches over all the land in each legal subdivision of your entry with a view to 
the proper reclamation thereof; and if so, state the dates when each distribution was 
made, and the quantity of water per acre used, and the time occupied in making the 
same, in each and every year. — A. . 

10. Q. If there are any high points or uneven surfaces which are practically not 
susceptible of irrigation, state definitely the nature, situation, extent, and area of the 
same. — A. . 

11. Q. Has an agricultural crop of any kind been raised on the land as the result 
of such irrigation ? If so, state the kind of crop and the quantity per acre, and de- 
scribe the portion of the entry on which the same was raised. — A. . 

12. Q. If any lands adjacent to or in the vicinity of the land embraced in this entry 
are settled upon or occupied, and crops of any kind are or have been raised thereon 
without artificial irrigation, describe the same and state year or years of cultivation, 
the kind of crop, and quantity raised per acre. — A. . 

13. Q. Has any coal or other minerals been discovered on said land, or is any coal 
or mineral known to be contained therein ? — A. . 

14. Q. Are there any indications of coal, salines, or minerals of any kind on this 
land ? If so, describe what they are. — A. . 



151 

15. Q. Have you the sole and entire interest in said entry, and in the tract covered 
thereby, and in the right to the water sufficient to continuously irrigate the same ? — 
A. . 

16. Q. Has any other person, individual, company, or corporation, any interest 
whatever in said entry, tract, or water appropriation ? If so, give the name, residence, 
and occupation of each such person, the name, business, and locality of any such cor- 
poration or company, and the nature, amount, and extend of such interest. — A, 

17. Q. Have you made any other desert-land entry, or have you become the assignee 
of any other such entry, or have you any interest, direct or indirect, in any other entry 
under the desert-land act ? — A. . 



Land Office at , 

- , 188-. 

I hereby certify that the foregoing affidavit was read to affiant in my presence before 
he signed hjs name thereto ; that said affiant is to me personally known (or has been 

satisfactorily identified before me by ), and that I verily believe him to 

be a credible person and the person he represents himself to be, and that this affidavit 

was subscribed and sworn to before me at my office in , on this day of 

, 18 — . , Register. 

, Receiver. 

Note.— 1 A correct diagram, showing the location of all ditches and improvements, mnet he fur- 
nished by claimant. 

2. The officer before whom the deposition is taken should call the attention of the witness to the 
following section of the Revised Statutes, and state to him that it is the purpose of the Government, 
if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. 

Title LXX— CRIMES— Chap. 4. 

Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in 
any case in which a law of the United States authorizes an oath to be administered, that he will testify, 
declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate 
by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter 
which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more 
than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, 
moreover, thereafter be incapable of giving testimony in any court of the United States until snch 
time as the judgment against him is reversed. [See § 1750.] 



[4-373.] 

[The depositions of two witnesses, in this form, taken separately, required in each 

case. ] 

FINAL PROOF UNDER THE DESERT-LAND ACT OF MARCH 3, 1877. 

DEPOSITION OF WITNESS. 

1. Question. State your name, age, residence, occupation, and post-office address. — 
Answer. . 

2. Q. Are you acquainted with — , who made desert-laud entry No. 

on the day of , A. D. 18 — , upon the , and how long have you known 

him? — A. . 

3. Q. Have you personal knowledge of this land f State its situation, the character 
of the soil, its proximity to water, and what natural streams or bodies of water are 
upon, pass through, or adjoin it. — A. . 

4. Q. Does the entryman own and control or have a clear, right to water sufficient 
to properly and permanently irrigate all the land embraced in this entry? — A. . 

5. Q. State the source and volume of the water supply, how acquired, and how 
maintained. — A. . 

6. Q. Has water been conducted upon the land embraced in said entry so as to irri- 
gate and reclaim the same from its former condition to such extent that it will produce 
an agricultural crop ? If so, give the number, dimensions, and capacity of the main 
ditch or ditches, and also of all the ditches on each legal subdivision of the land which 
are used in irrigating the same. — A. 



152 

7. Q. Have you seen water distributed through and by means of said ditches over 
all the land in each legal subdivision of said entry? State the dates when such dis- 
tribution took place, the duration thereof, and the quantity of water per acre used. — 
A. . 

8. Q. If there are any high points or uneven surfaces which are practically not sus- 
ceptible of irrigation, state definitely the nature, situation, and area thereof. — A. 

9. Q. Has an agricultural crop of any kind been raised on the land as the result of 
such irrigation ? If so, state the year when raised, the kind of crop, the quantity per 
acre, and the portion of the entry on which the same was raised. — A. . 

10. Q. If any lands adjacent to or in the vicinity of the land embraced in this entry 
are settled upon or occupied and crops of any kind raised thereon without artificial 
irrigation, describe the same, and state year or years of cultivation, kind of crop, and 
quantity raised per acre. — A. . 

11. Q. Has any coal or other minerals been discovered on said land, or is any coal 
or mineral known to be contained therein ? Are there any indications of coal, salines, 
or minerals of any kind on this land ? If so, describe what they are. — A. . 

12. Q. Have you any interest, direct or indirect, in this entry or the land covered 
thereby, or in the water supply used in its irrigation ? — A. . 

(Signature) . 

Land Office at , 

, 188-. 

I hereby certify that the above affidavit was taken and subscribed before me this 
day, and that the same was read to affiant in my presence before he signed his name 
thereto ; that said affiant is to me personally known (or has been satisfactorily identi- 
fied before me by ), and that I verily believe him to be a credible person 

and the person he represents himself to be, and that the land described is properly 
subject to entry under the desert-land act. 

_____ f 

Register. 






Receiver. 

Note. — The officer before whom the deposition is taken should call the attention 
of the witness to the following section of the Revised Statutes, and state to him that 
it is the purpose of the Government, if it be ascertained that he testifies falsely, to 
prosecute him to the full extent of the law: 

Title LXX— CRIMES. -Chap. 4. 

Sec. 5392. Every person "who, having taken an oath "before a competent tribunal, officer, or person 
in any case in which a law of the United States authorizes an oath to be administered, that he wil 
testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or cer 
tificiite by him subscribed is true, willfully and contrary to such oath states or subscribes any material 
matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of 
not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, 
and shall, moreover, thereafter be incapable of giving testimony in any court of the United States 
until such time as the judgment against him is reversed. (See § 1750.) 



r 4-062.1 
NON-MINERAL AFFIDAVIT. 

This affidavit can he sworn to only on personal knowledge, andean not be made on information and 
belief. 

The non-mineral affidavit accompanying an entry of public land must be made by the party making 
the entry, and only before the officer taking the other affidavits required of the entryman. 



United States Land- Office, 



;_3-. 



, being duly sworn according to law, deposes and says that he is the 

identical who is an applicant for Government title to the ; that 

he is well acquainted with the character of said described land, and with each and 
overy legal subdivision thereof, having frequently passed over the same ; that his per- 
sonal knowledge of said land is such as to enable him to testify understand mgly with 
regard thereto; that there is not, to his knowledge, within the limits thereof, any 
vein or lode of quartz or other rook in place, bearing gold, silver, cinnabar, load, tin, 
or copper, or any deposit of coal ; that there is not within the limits of said land, to 



153 

his knowledge, any placer, cement, gravel, or other valuable mineral deposit ; that 
no portion of said land is claimed for mining purposes under the local customs or rules 
of miners or otherwise ; that no portion of said land is worked for mineral during any 
part of the year by any person or persons ; that said land is essentially non-mineral 
land, and that his application therefor is not made for the purpose of fraudulently 
obtaining title to mineral land, but with the object of securing said land for agricult- 
ural purposes, and that his post-office address is . 



I hereby certify that the foregoing affidavit was read to affiant in my presence be- 
fore he signed his name thereto ; that said affiant is to me personally known (or has 

been satisfactorily identified before me by ), and that I verily believe 

him to be a credible person and the person he represents himself to be, and that this 

affidavit was subscribed and sworn to before me at my office in , within the 

land district, on this day of , 18 — . 



3S"ote. — The officer before whom the deposition is taken should call the attention of 
the witness to the following section of the Revised Statutes, and state to him that it 
is the purpose of the Government, if it be ascertained that he testifies falsely, to pros- 
ecute him to the full extent of the law : 

REVISED STATUTES OF THE UNITED STATES. Title LXX.— Crimes.— Chap. 4. 

Sec. 5392. Every person who, having taken an oath before a competent tribnnal, officer, or person, in 
any case in which a law of the United States anthorizes an oath to be administered, that he will testify, 
declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate 
by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter 
which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more 
than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, 
moreover, thereafter be incapable of giving testimony in any court of the United States until such time 
as the judgment against him is reversed. (See § 1750.) 



IISTDEX. 



A. 

Page. 
Act of August 3, 1846, providing for the adjustment of all suspended pre-emption land claims 

in the several States and Territories 118, 121 

March 3, 1857, to provide for the punishment of certain crimes against the United 

States 94, 95 

1873, ' ' to encourage the growth of timber.' on the Western prairies " 30 

13, 1874 (timber culture), provisions of :. 31 

January 12, 1877, providing for the sale of saline lands 107, 108 

March 3, 1877, to amend section 2291, Revised Statutes, in relation to proof required in 

homestead entries 95,96 

provide for the sale of desert lands in certain States and Territo- 
ries 35, 36, 108, 107 

June 3, 1878, for the sale of timber lands in the States of California, Oregon, Nevada, 

and in Washington Territory 105, 106 

14, 1878, for the relief of settlers on the public lands under the pre-emption laws. 97 

to amend an act entitled 'An act to encourage the growth of timber on 

the Western prairies " 32, 102-104 

January 28, 1879, defining the manner in which certain land scrip may be assigned and 
located or applied by actual settlers, and providing for the issue of patents in the 

name of the locator or his legal representatives Ill, 112 

March 3, 1879, to amend section 2403, Revised Statutes, in relation to deposits for sur- 
veys 114, 115 

grant additional rights to homestead settlers within railroad limits. . . 99 

provide additional regulations for homestead and pre-emption entries 

of public lands 96 

July 1, 1879, for the relief of settlers on public lands in districts subject to grasshop- 
pers 98 

to grant additional rights to homestead settlers within railroad limits in 

Missouri and Arkansas 99, 100 

May 14, 1880, for the relief of settlers on public lands 97 

28, 1880, for the relief of settlers uoon the Osage trust and diminished reserve land 

in Kansas, etc '. 112-1 14 

June 4, 1880, for the relief of certain homestead and pre-emption settlers in Kansas and 

Nebraska • 114 

8, 1880, to provide for issuing patents under the pre-emption and homestead laws 

in cases where settlers have become insane 97, 98 

9,- 1880, to amend sections 2262 and 2301, Revised Statutes, in relation to settler's 
affidavit in pre-emption and commuted homestead entries 96 

15, 1880, homestead, cash payments under, for lands originally entered as a -19 

(timber trespass), relating to the public lands 101, 102 

16, 1880, * * * to provide for the repayment of certain fees, purchase money, 

and commissions paid on void entries of public lands 108, 1 09 

January ] 3, 1881, for the relief of certain settlers on restored railroad lands 100 

March 3, 1881, to amend section 2297, Revised Statutes, relating to homestead settlers 

(climatic hindrances) 98, 99 

August 7, 1882 (special deposits) 115 

March 3, 1883, in relation to certain fees allowed to registers and receivers 109 

May 17, 1884, providing a civil government for Alaska 3, 111 

July 4, 1884, provisions of, in aid of Indian homesteads 102 

May 6, 1886, to protect homestead settlers within railroad limits, etc 100 

March 3, 1887, for the relief of settlers and purchasers of lands in Nebraska and Kansas . 117, 118 
to provide for the adjustment of land grants made by Congress to aid in 
the construction of railroads, and for the forfeiture of unearned 

lands, etc 62-66,115-117 

restrict the ownership of real estate in the Territories and District of 

Columbia 110 

Acts of August 4, 1886, and March 3, 1887. in relation to registers' and receivers' fees 1 09 

Additional homestead affidavit, form of 136 

application, form of 1 35 

Adjoining farm homestead, affidavit of claimant, form of 134 

final affidavit required of claimant, form of 134 

Adjustment of railroad land grants, act to provide for the r 1 15-117 

Administrators, in applications by, original or certified copy of letters of administration must 

be furnished. (See Executors and heirs) - 68 

Affidavit required of pre-emption claimant, form of — -• 125 

Agents and attorneys, regulations governing recognition of 61, 62 

Agricultural college scrip locations -. ' 

155 



156 

Page. 
Alaska, certain lands of, area of, to be continued in possession of missionaries until action by 

Congress Ill 

creation of, into a land district Ill 

land district of, certain mineral or mining claimants within, to be allowed to perfect 

claims Ill 

mining or mineral privileges within, certain claimants of, not to be 

disturbed, etc Ill 

surveyor-general of, marshal provided for by this act ex officio Ill 

laws, general, not extended to .. 3, 111 

of United States not in force in. , 3, 111 

office, with ex officio register and receiver, established in 3 

lands in, act relating to — 111 

Indians or other persons in actnal occupancy or use of, or claimed by, not 

to be disturbed in possession of Ill 

title to, reserved for future legislation by Congress Ill 

mineral lands in, act providing for the disposal of 3 

mining claims, laws relating to, in full force in, etc Ill 

Sitka, land office at, receiver of, clerk provided for by act creating ex officio Ill 

register of, commissioner provided for by act creating ex officio.. Ill 

located at Ill 

Aliens and corporations, limitations on purchases by 5 

Amendment of May 20, 1876 (timber culture) 31 

Appeals, action of General Land Office on 56 

from the General Land Office ..: 56 

register's and receiver's report in cases of 56 

rules in relation to 55-57 

Applications and entries, amendments of. 51 

rejected, to make entry 55 

Attesting officers, duties of '. 44 

B. 

Board of Equitable Adjudication, establishment and powers of 71, 77, 93 

Revised Statutes relating to "93,94 

Bounty land warrants (military), Revised Statutes respecting 92,93 

C. 

Cash application, form of 124 

certificate, form of 124 

purchase by timber trespasser, fact of trespass does not give right to, of lauds other- 
wise excluded from sale 5 

of land trespassed on, privilege of 4 

privilege of, only on land not claimed by another person. 5 

qualification of privilege of 5 

purchases, mode of proceeding in making 4 

receipt, form of 9 124 

Certified copies, laws relative to 73, 74, 94 

of exemplifications of patents, papers, or plats on file, etc 73, 74 

powers and duties of General Land Office in furnishing 73, 74 

tariff for furnishing, etc _ 73 

Citizenship and naturalization, etc 45 

Claims, relinquishment of 52 

Climatic hindrances, act to amend section 2297, Revised Statutes, relating to homestead set- 
tlers 98,99 

Commissioner, powers of, Revised Statutes respecting : 93,94 

Commissions and fees, homestead 18 

in timber-cuiture entries 33 

fees, and excesses, repayments of 68 

and salary of registers and receivers 75, 76 

Commutation of homestead entries 19 

Commuted homestead — affidavit required of claimant, fbrni of 134 

(See Pre-emption.) 

Contests, speculative and collusive 53, 54 

Contiguity of lands in entries 45 

Corporations, limitation of purchases by 5 

Crops, loss or failure of, from unavoidable causes in 1879-'80 in Kansas and Nebraska 114 

I>. 

Deposits for special surveys * 57 

acts in relation to 114, 115 

Revised Statutes respecting 91, 92 

Desert lands 35-39 

land act, area subject to entry under, by one person 36 

entry, only one, by one person, under 36 

land entered under, must be compact in form 36 

lands not subject to entry under, description of 36 

money received under, receiver will account for 37 

States and Territories in which, only applies and takes effect 1 35, 36 

affidavit of witness, form of 148 

applicant for, affidavit required of, can not be made by agent 36 

declaration of, blanks in, tilling of, with full statement of facta, etc. 36 

application for, declaration of, corroborating witness to, statement required of... 31 

corroboration of, by two reputable witnesses 36. 37 



157 



Desert laud, application for, declaration of, description in, of land applied for 36 

form of 36 

intends to reclaim, within three years 36 

intention of, to become a citizen, filing of, duly cer- 
tified, required 36 

must state that he is a citizen, etc '. 36 

right of entry not exercised before 

by 36 

what sworn, must state 36 

when averments of, not upon his own knowledge, 

rejection of 36 

witnesses corroborating must be acquainted with. . 37 

personal knowledge by, of, intended to be entered. 36 
cases where regulations were complied with at date of entry, nothing retroactive 

affecting . 38 

certificate, form of 149 

claim, adj ustment of, to lines of township surveys 37 

claimant, water for irrigation, must acquire clear right of sufficient, 37 

claimants, dolinquont, form of notice to ' 39 

lands within claims of, not to be re-entered until notice of 

cancellation of original entries of 38 

limitation in which, to make proof allowed to expire by . . 38 

notice to 38,39 

registers will notify, of non-compliance to make proof 

within time 38 

report of local land officers in cases of, after notice, etc. . . 38 
time within which to show cause why claims should not 

be canceled 38 

claims, in advance of public surveys, can not be made 37 

declaration of applicant, form of 146 

entries, suspended, rules for the government of, etc 122, 123 

what, illegal 36 

entry, abstract in monthly return of, by register 37 

affidavits in, original or final, at same time and place and before same officer 37 

except before officers named, authority per- 
mitting, revoked 37 

certificates in, record of, issued, to be kept by register 37 

issued in, how record of, shall be kept - 37 

contestants, prefe? euce right of, allowed for 30 days after cancellation of 38 

contests against, institution of, for illegality, etc 38 

notice and fee in 38 

declaration and corroborating affidavits in, before whom to be made - 37 

declarations filed and certificates issued in, abstract of 37 

final proof in, depositions in, before whom to be made 37 

notice of intention to make, filing and publication of 38 

not assignable 36 

one, exhausts right to 37 

payments in, certificate for, one duplicate, given to applicant 37 

in duplicate for, when, shall issue 37 

for land single and double minimum 37 

person making, before securing sufficient water, makes it at his own risk. 37 

register's and receiver's report in 51 

relinquished, cancellation of, etc 38 

right to, once exercised, can not be restored 37 

spots not susceptible of irrigation, area and nature of, must be fully stated 38 

unsusceptible of irrigation, facts to be considered in connection with . 38 

transfer of, by deed, contract, or agreement, vitiates 36 

water supply in, applicant and witnesses, statement required of 37, 38 

facts in reference to, must be specifically shown 37 

whole tract and legal subdivision of, must be actually irrigated 38 

final proof— deposition of applicant ' 150 

witness, form of 151 

price of, minimum and double minimum 36, 37 

receiver's final receipt, form of 149 

register's final certificate, form of 150 

lands, act for the sale of, in certain States and Territories 106, 107 

description of.. 35 

reclamation of 35 

(^ee Entries.) 

District land offices, States in which there are no 54 

Double mimimum lands, description of . 4 

Drought, sufferers from, in Kansas and Nebraska, in 1879 and 1880 29, 30 

E. 

Entries and applications, amendments of 51, 52 

attesting officers in, duties of 44, 45 

citizenship and naturalization in 45 

contiguity of lands in 45 

different classes of, general rules applicable to 42-51 

final proof in, lapsed, etc 46 

notice of, publication of 42-44 

officers authorized to take 47 

premature, rules governing, etc 46-47 

published notice of i 46 

instructions to registers and receivers for taking and passing on 46 

Indian occupants, lands in possession of 45 

(See Applications.) 



158 

Page. 

Entry, changes of, application for 72,73 

changes of, uniformity in proceedings upon applications for 71, 72 

rejected applications to make i 55 

when change of, is allowed 73 

Equitable adjudication, hoard of (see Board). 

" Erroneously allowed," definition of , 66 

Executors, in applications made by, certificate of executorship from probate court must ac- 
company application, (^ee Administrators and heirs) 68 

F. rj 

Eailure of title, re-imbursement for, in Nebraska and Kansas, act for the.. 117, 118 

Eees (certain) allowed to registers and receivers, acts in relation to 109 

(See Commissions.) 

Final homesteads, register's and receiver's report in 49, 50 

proof in desert land entries, etc 37, 38 

entries.etc 42-48 

' homestead -entries 15,95,126-130 

timber and stone entries 144-146 

culture entries 34, 35, 141, 142 

entries 40 

notice in homestead and pre-emption entries, act providing additional regulations 

for 96 

Form of additional homestead affidavit , 136 

application 135 

adjoining farm homestead, affidavit of claimant 134 

affidavit required of pre-emption claimant 125 

cash application *. 124 

receipt 124 

certificate 1:4 

desert land affidavit of witness 148 

certificate 349 

declaration of applicant 146 

final proof— deposition of applicant 150 

witness 151 

receipt 149 

register's final certificate 150 

final affidavit required of adjoining farm homestead claimant 134 

homestead affidavit 130, 131 

application 130 

certificate as to posting of notice of intention to make final proof 133 

claimant's notice of intention to make final proof 132 

consolidated notice for publication of intention to make final proof 132 

final certificate 1^3 

pre-emption, and commutation proof, testimony of claimant J 26-128 

witness 128-130 

proof— final affidavit required of homestead claimant 133 

receiver's final receipt 133 

non-mineral affidavit 152, 153 

notice for publication of homestead claimant's intention to make final proof 132 

pre-emption declaratory statement for offered lands 125 

unoffered lands 125 

homestead affidavit 135 

receipt and certificate 125 

receiver's final desert land receipt 149 

receiver's homestead receipt 131 

pre-emption receipt 125 

timber culture final receipt 144 

receipt 140 

register's and receiver's desert land certificate 149 

final desert land certificate 150 

homestead certificate - 133 

pre-emption certificate 125 

soldier's and sailor's additional entry application & 138 

final certificate 138 

homestead affidavit 138 

application 137 

declaratory statement - 136 

timber and stone lands — sworn statement 144 

testimony of witness 145 

culture affidavit 140 

application. : 139 

entry — final affidavit 141 

final certificate. 144 

proof— testimony of claimant 141 

witness J 142 

(receiver's) final receipt 144 

receipt 140 

Forms of register's and receiver's notice to delinquent homestead claimants 139 

to be used in commuted homestead entries 134 

«. 

General rules applicable to different classes of entries 42 

Grasshoppers, injury or destruction of crops by, act for the relief of settlers for 98 

regions devastated by, privileges of pre-emption and homestead settlers in. 11, 16, 28, 98 



159 
n. 

Page. 
Heirs, in applications by, satisfactory proof of heirship is required. (Sea Executors and ad- 
ministrators) 68 

Homesteads , 13-30,46-48,86-90,121,122,126-139 

Homestead act of June 15, 1880, cash payments under, for lands entered as a 19 

affidavit, form of , N 130,131 

application for a 14 

form of 130 

certificate as to posting of notice of intention to make final proof 133 

claimant's notice for publication of intention to make final proof 132 

of intention to make final proof, form of 132 

claimants who become insane, rights of 16 

claims not liable to debt and not salable 17 

pre-emption, conversion of, into 16 

climatic hindrances, etc 16, 17 

commutatiou affidavits, act amending act in relation to 96 

consolidated notice for publication of intention to make final proof, form of 132 

drought, sufferers from, in Kansas and Nebraska in 1879 or 1880 29, 30 

entries, commutation of 19 

final proof in 15, 95, 96, 126-130 

notice in, act providing additional regulationa in 96 

receiver's receipt in, form of 131 

suspended, rules for the government of, etc 122 

entry, change of pre-emption filing to 97 

form of 20 

soldiers' additional 26, 27 

fees and commissions 18 

final certificate, form of 133 

receiver's receipt, form of 133 

five and seven years notice 28 

pre-emption and commutation proof, testimony of claimant, form of 126-128 

witness, form of 128-130 

privilege, only one, to same person permitted .- 17 

proof, act amending act in relation to 95, 96 

final affidavit required of homestead claimant, form of 133 

residence of applicant for, must be stated .-. 14 

rights, attempted transfer of 19 

partial waiver of 27, 28 

soldiers and sailors' additional 24 

settler, heirs of a, rights of 15, 16 

settlers within railroad limits 21-24 

act to protect 100 

acts granting additional rights to 99 

inceptive rights of 14 

on unsurvey ed lands .- 14 

soldier may file a declaratory statement in person 24 

soldier's claim may be filed by an agent 24-26 

timber, necessary, on public lands 30 

(See Entries.) 

Homesteads, adjoining farm 20, 21 

applications for, simultaneous 14 

commuted. (See Pre-emption.) 

final, register's and receiver's report in, form of 49, 50 

grazing districts, cultivation in 15 

Indian .". ^ 28 

settlement of, provisions of law in aid of 102 

Eevised Statutes relating to 86-90 

I. 

Illinois, Indiana, and Ohio, isolated tracts of public lands in 3 

Indian homesteads 28 

settlement of, provisions of law in aid of 102 

occupants, lands in possession of 45 

Insane, settlers who become. (See Settlers.) 

Ii. 

Land district, land offices established in each , for disposal of public lands 3 

office, register and receiver at, appointments, term, compensation, and duties of 3 

in each 3 

offices, list of 123 

patents, issue of 54 

Lands, agricultural coliege scrip locations of.... 7 

at public auction, purchase of, by highest bidder , 3 

cash purchase of tracts of, trespassed on by timber trespassers, privilege of 4 

purchases of, mode of proceeding in making 4 

double minimum, alternate sections within railroad- grant limits 4 

what are not, etc 4 

grasshoppers, sufferers from 11, 16, 18 

homestead entries of 13-30 

homesteads 13-30,46-48,86-90 

(See Homesteads.) 

in Alaska, act relating to Ill 

possession of Indian occupants - 45 



160 

Page. 

Lands, military bounty land-warrants, location of, with 5-7 

minimum and double minimum prices of 4 

what are 4 

pre-emptions of 8-12 

(See Pre-emptions.) 

public sales and private entries of 90 

timber-culture entries of 30-35 

trespassers, cash purchase by, of tracts of, trespassed on, privilege of 4 

unsold at public sale liable to private entry or location 4 

Loss or failure of crops from unavoidable causes in 1879-'80 in Kansas and Nebraska 114 

M. 

t 

Military bounty land-warrants., etc 5-7,92, 93 

location of 5-7 

Revised Statutes respecting 92, 93 

Mineral lands, timber-culture entries can not be made for : 33 

or mining claims in Alaska, (See Alaska.) 

Minimum and double. minimum lands, description of 4 

Municipal improvements, timber-culture entries can not be made for lands covered by 33 

Non-mineral affidavit, form of 152, 153 

O. 

Osage Indian trust and diminished- reserve lands 1 12 

in Kansas, act for the relief of settlers upon. . 112, 114 

Ownership of real estate in the Territories and District of Columbia 110 

JP. 

Perjury, act of March 3, 1857, sec. 5, and Eevised Statutes, sec. 5392, defining and fixing penalty 

of...' 94,95, 140, 142, 143, 146, 147, 149, 151,152 

Pre-emptions I .... 8-1 2, 46-48, 81-86, 96-98, 118 -122, 125-130 

Pre-emption and commuted homesteads, register's and receiver's report in, form of 47, 48 

homestead commutation affidavits, act amending act in relation to 96 

claimants who become insane, rights of 11 

class of lands subject to •. 8 

conversion of, into homestead claim. 16 

declaratory statement for offered lands 125 

unoffered lands 125 

entries, final-proof notice in, act providing additional regulations in 97 

suspended 118, 1 1 9, 121, 122 

filing to homestead entry, change of, act relating to 97 

filings, relinquishment of 9 

second , 9 

grasshoppers, regions devastated by, privilege of settlers in 11, 28 

homestead affidavit, form of 135 

laws, relief of settlers on the'publie lands, act for, under the 97 

Osage Indian trust and diminished reserve lands i 12 

pre-emptor, assignee of, before patent, no claim for land or money in entries can- 
celed for fraud 11 

liens of, rights of 11 

proof and payment 9-11 

receipt and certificate, form of 125 

right of, definition of 8 

title to land by proceedings to acquire 8 

(See Entries.) 

Pre-emptions, Eevised Statutes relating to 81-86 

Pre-emptor, assignee of, before patent, no claims for land or money in ontries canceled for 

fraud 11 

deceased, heirs of, rights of 11 

Pre-emptors, price of land to 12 

qualifications of 8 

Private land claim indemnity scrip may be assigned and located, law defining manner in which. Ill, 112 

scrip locations 8 

Publication of notiee of final proof 42 

Public auction, sales of binds at 3 

lands, Illinois, Indiana, and Ohio, isolated tracts of, iD 3 

States and Territories in -which included 3 

land districts with defined boundaries in, for disposal of.. 3 

titlo to, manner of acquiring 3-7 

vacant, in formation regarding, how may bo obtained 3 

sale, lands unsold at, liable to privato entry or location 4 

sales and privato entries, Eevised Statutes relating to 90 



161 

R. 

Page. 

Railroad adjustments, act of March 3, 1887, provisions of 62-66,115-117 

sec. 2, mandatory in its provisions 63, 115 

sec. 3, object and purpose of, to correct all 
decisions in cases of entries erro- 
neously canceled in 64, 116 

does not embrace lands certified to 

company 64, 116 

reference of, only to lands adjudi- 
cated in favor of company as 
against settler, and under control 

of department 64,116 

sec. 4, disposal under, of certain lands de- 
scribed in 65, 116 

object of, to confirm to purchaser 
the titles to lands named therein 

upon proof of purchase, etc 65, 116 

sec. 5, lands excepted from provisions 

of 65, 66, 116, 117 

provisions of, do not apply to lands 
settled on subsequent to Decem- 
ber 1, 1882 65,66,115,116 

sec. 6, object of, to secure preference right 
of purchasers of forfeited lands sold 

for taxes, etc 66,117 

sec. 7, provisions of . 66, 117 

all honafide pre-emption and homestead entries erroneously can- 
celed in, report upon, to department, if previous decision be 

in favor of company, etc 64 

applications of settlers to he re-instated in rights in cases of can- 
celed entries in, must be renewed within a reasonable time 

fixed by Secretary, etc 64 

bona fide purchasers of unclaimed lands of entries canceled in, 

priority of right to 64, 65 

entries canceled in, erroneously, settlers to he allowed to perfect, 

if they have not located other claims, etc 64 

erroneously canceled in, decisions of present or previous 
Secretaries no bar to further consideration of questions 

decided in 64 

if commissioner's decision that a hona fide entry has heen erro- 
neously canceled is sustained hy department, settler will he 
notified of his right to make application to here-instated, etc. . 64 
in favor of actual settlers and of innocent purchasers from rail- 
road companies, etc 62 

no lands to be certified, to any State, corporation, or individual in 

excess of quantity to which either mav he entitled 66 

notice to both parties in cases jf erroneous cancellation of en- 
tries in, etc 64 

Secretary's instructions under act of March 3, 1887, governing.. 62, 63 
settlers to perfect entries erroneously canceled in, if they did not 

voluntarily ahandon original entry 64 

unclaimed lands of entries canceled in, disposal of 64, 65 

who are hona fide purchasers of unclaimed lands of entries can- 
celed in 65 

cancellation of lands erroneously certified to any, duty of Attorney-General to 

prosecute suit for ' 63 

company, bona fide purchasers from, of lands not conveyed to, hut excepted from 
its grant, may make payment to and obtain patents for, from the 

United States 65, 66 

lands of, sold for taxes and grant of, subsequently forfeited, preference 

right of purchasers, etc 66 

mortgage or pledge of certain lands hy the, not a sale within the mean- 
ing of the act 65 

erroneous cancellation of any bona fide homestead or pre-emption entry on ac- 
count of any, in case of, settler to be re-instated in all his rights, etc. . 63, 64 
certifications of lands to any, facts to be reported by the Commissioner 

to the department 63 

grant, Secretary's imperative duty to re-adjudicate cases erroneously canceled on 

account of any, or of withdrawal of lands from market 64 

grants, Secretary authorized to immediately adjust, etc 63 

land grant, adjustment of, department to be informed at once when, has begun ... 66 

grants, adjustment of, act to provide for the 115-117 

at once and with as much dispatch as possible, etc 66 

lands erroneously certified to any, demand for restitution of, an imperative duty of 

Secretary 63 

relinquishment of, by, demand for, by Secretary. 63 

(restored), certain settlers on, act for the relief of * 100 

limits, homestead settlers within, acts to grant additional rights to 99 

protect 100 

re-convey lands erroneously certified to any, proceedings on failure of company to. 63 
suits for reconveyance of lands erroneously certified to any, law authorizing in- 
stitution of, mandatory 63 

Seal estate in the Territories and District of Columbia, ownership of 110 

Rejected applications to make entry 55 

Registers and receivers 74-77,78-80,109 

accounts of, monthly and quarterly statement of 77,80 

acts in relation to certain fees allowed 109 

14711 11 



162 

Page. 

Registers and receivers, appointment of, by the President 78 

bond of, penal sum of 78 

commissions, salary, and fees of 75,77-80, 109 

duties of 74 

entry applications before 74 

for taking and passing on final proof, instructions to 46,47 

monthly reports by 76, 77, 80 

notices by * 74 

notice to delinquent homestead claimant, forms of 139 

regular attendance of, at office 74 

residence of v ... 78 

special reports by 74,75 

Regulations governing the recognition of agents and attorneys before district land offices 61, 62 

Re-inibursenient for failure of title in Nebraska and Kansas, act for the 117, 118 

Relinquishments, rules in relation to 52 

Repayments, etc 66-70,91,108 

assignees, applications of, for 68 

"erroneously sold," definition of 66 

heirs, executors, and administrators, applications of, for 68 

in cases when the entry has been erroneously allowed 66, 108 

of certain fees, purchase-money, and commissions on void entries of public 

lands, act providing for 108, 1C9 

double minimum excesses 69 

fees, commissions, and excesses, applications for 68 

. to innocent parties 68 

purchase money, application for 67 

Revised Statutes relating to 91 

to purchasers of lands erroneously sold on proof that sale can not be con- 
firmed 66,91 

transmittal of applications for... 69 

under act of March 3, 1887 69.70 

form of application for 70 

Revised Statutes of the United States in relation to the disposal of the public lands 77-95 

S. 

Saline lands 41,42,107 

land act, States and Territories in which, does not apply 42 

lands, act of January 12, 1877, providing for sale of 41 

adjudged agricultural or mineral subject to entry as such 42 

character ot, determination of 41 

disposal of - 42 

hearings in cases of, proceedings in. 41, 42 

not sold when offered subject to private entry 42 

price of 42 

(See Entries.) 

Salt springs, act providing for the sale of 107, 108 

(See Saline.) 

Settlers (certain) on restored railroad lands, act for the relief of 100 

(homestead) within railway limits, act to protect 100 

acts to grant additional rights to 99 

on the public lands under the pre-emption laws, act for the relief of 97 

who become insane, act providing for the issuing of patents for public lands to 97, 98 

Soldier's and sailor's additional entry application, form of 138 

final certificate, form of 138 

homestead affidavit, form of 138 

application, form of 137 

declaratory statement, forms of 136 

Special surveys, deposits for 57-62 

acts in relation to 114, 115 

assignments of certificates for 60 

excess of 59 

registers' and receivers' returns of 60 

Revised Statutes respecting 91, 92 

surveyors-general, directions to, in 60,61 

Speculative and collusive contests 54 

Stone entries. (See Timber.) 

Suspended entries, authority to confirm, first vested in Secretary of the Treasury, At- 
torney-General, and Commissioner 121 

desert land, rules for the government of 122, 123 

equitable rules and regulations for the government of 118-123 

homestead, rules for the government of, etc 122 

pre-emption, rules for the government of 118, 119, 121, J 22 

recognized by Commissioner as valid 118-123 

pre-emption entries, adjustment of, act providing for the 118 

T. 

Timber act 39-41 

applicant under, affidavit of, falsely swearing to, penalty of.: 40 

particulars of, on information and belief 40 

reading of, to, before signing or swearing to 40 

required of, what must contain 39, 40 

cancellation of filing of, If proof is not made within time . 40 

declaration of, of intention to become a citizen, record evi- 
dence of, etc 39 



163 

Page. 

Timber act, application under, entry of, bona fides of, tested by close oral examination of.. 40 

notice of, to offer proof, statements required in 40 

to, of cancellation of filing of 40 

proof of, affiant's accuracy to be tested by close oral exam- 
ination 40 

entryman's own use of land and not for speculation. 40 
evidence in, must be made before and to the satis- 
faction of register or receiver 40 

good faith of, in, bow to be ascertained 40 

testimony in, must be reduced to writing 40 

of, in, corroborated „._ 40 

upon blanks after verbal questions 

propounded to 40 

time of making 40 

whether land or his right to, conveyed, etc., to any 

person or persons whomsoever, etc 40 

sworn statement of, upon personal knowledge, etc 40 

to purchase land under, must be a citizen, etc 39 

applications and entries under, instructions in reference to, local officers to 

be governed by 40 

parties and witnesses in, examination of 40 

scrutiny of instructions' as to 40 

lands containing valuable deposits of gold and other minerals or coals not sub- 
ject to entry under 39 

married woman permited to purchase land under 39 

rights of, under 39 

one entry or filing only under . 39 

(See Entries.) 

Timber and stone, etc 39-41,48,105,144-146 

an act for the sale of, in C alifornia, Oregon, Nevada, and in "Washington . 105, 106 

entries or applications, contests against 41 

register's and receiver's report in, form of 48, 49 

lands, act of June 3, 1878, quantity of, to be lawfully acquired under, 

by any one person 39 

only valuable for timber and unfit for cultivation 39 

purchase of, sworn statement in, form of 144 

testimony of witness, in form of 145 

unoffered, unreserved, unappropriated, and unimproved 39 

(See Entries.) 

Timber culture, etc 30-35,50,102-104,139-144 

act of March 3, 1873...? '. 30,31 

13, 1874 31 

June 14, 1878 32 

to encourage the growth of timber on the western prairies 102-104 

affiant, every, "must be sworn personally by the officer taking affidavit 32 

must be sworn in office of officer taking affidavit and at date speci- 
fied in jurat 32 

affidavit, attesting officer must certify to identity and credibility of party 

appearing before him 32 

form of 140 

officer taking, must certify that affiant was sworn, etc 32 

affidavits, before whom all, must be made 32 

executed or signed in b/ank illegal 32 

outside of district in which land is situated illegal. . . 32 

amendment act of May 20, 1876 31 

application, form of..! 139 

applications and entries, accepting, rejecting, and reporting, duty of local 

officers in i 40 

entries, abstract of, allowed during month, to be sent up 33 

act of June 14, 1878, final proof in, prior to, showing in 34 

prior to, completion of, under 34 

ail since June 14, 1878, made under that act 34 

final proof in, notice of intention to offer, filing of, required 34 

publication of notice to offer, required 34 

land within town sites or covered by municipal improvements not 

to be embraced within 33 

mineral lands can not be embraced within 33 

period of cultivation in, computing of 34 

entry, all papers therein, to be sent up 33 

before allowing, register and receiver must satisfy themselves that 

it will not conflict with any other entry or entries previously made 33 

contestant of, not required to file application to enter the land 35 

success of, preference right of 35 

contests against, institution of, for ill egality, etc 35 

fee and commission, duplicate receipt for, given to party to 33 

form of duplicate receipt for 33 

receiver's duplicate receipt for 33 

that part of commission payable at date of, required 33 

fees and commissions, area or amount of, no distinction as to, be- 
tween minimum and d<uble minimum lands 33 
receiver will account for, in usual manner, etc 33 

final affidavit in, form of 141 

proof in, after expiration of eight years 34, 141 

all the facts must be set forth in, specifically and in 

detail 35 

at least 675 living and thrifty trees at date of 34 

same time and place and before same officer. ...... 35 



164 

Page. 

Timber culture, entry, final proof in, claimant must appear in person, with two witnesses. 34 

claimants and witnesses, residences, post-offices, etc., 

mnst be stated 35 

cultivation of trees for not less than eight years 34 

evidence in, examination of. 35 

forms of 35 

full compliance with law must be shown in..... 34 

good faith of claimant must be shown 34 

heirs or representative of claimant, if dead, must ap- 
pear in person 34 

identity and credibility of parties to, must be certi- 
fied by officer before whom made 35 

if sufficient, issue of final certificate and receipt, 

forms prescribed for 35 

periods in which, must be made 31 

residence, city or town, must be stated 35 

county and State, statement of, not suf- 
ficient 35 

rules governing, not retroactive . 35 

testimony of claimant and witnesses in, before whom 

to be made 34, 35 

trees planted, not less than 2,700 on each acre required 34 

within five years after expiration of eight years .... 34 

forty acres of quarter section entered to be planted in trees, eto 31 

grasshoppers, extension of period within which final proof may be 

' made, etc 31 

final proof, testimony as to depredations of, required in 31 

ground by breaking and cultivation to crops, preparation of 33 

properly prepared, failure of, to produce timber 33, 34 

irrigation of' land when necessary 33 

land not irrigated when necessary not properly prepared 33 

rules prescribing how, is to be broken, plowed, and cultivated. 33 

to be broken and plowed during first and second years 33 

lands of, entire section of, must be devoid of timber 32 

may be portions of contiguous subdivisions of section 32 

must form a compact body 32 

no land acquired under, subject to debts prior to final certificate ... 35 

non-mineral affidavit in, only made on personal knowledge 32 

must accompany original application 32 

required iti . 32 

when and before whom to be made 32 

noting of, on land office records, etc 33 

not restricted to heads of families 30 

numbering of, in its order and proper series 33 

only one can be made by a single person 32 

payments required by law on 33 

planting, extension of time of, in 34 

of trees in one body not necessary 31 

privilege of, confined to citizens or persons declaring their inten- 
tion to become citizens 30-32 

register's and receiver's report in 50 

relinquishment for sale of, evidence of speculative character of 34 

report of, in register's and receiver's monthly returns, etc 33 

restricted to one quarter section 32 

timber, natural growth of, removal of, will not render land subject to 32 

trees recognized as, list of : 34 

trees, etc., destruction of, proofs of 34 

extreme and unusual droughts, when destroyed by 34 

grasshoppers, when destroyed by 34 

if destroyed, must be replanted ' 34 

planted must be protected in healthy growth 31 

not to be more than 12 feet apart 31 

recognized as timber, list of 34 

tree seeds and cuttings, careful and thorough cultivation of. . . 33 

character of, suitable to germinate 33 

entryman, affidavit of, corroborated, in cases of destruction of trees, etc.. 34 

falsely swearing to, penalty of 32 

form of 32 

only to be made by entryman himself 32 

prescribed by lawj showing his qualifications, etc. 32 

breaking and planting required of 31 

heirs or legal representatives of, compliance of with law, proof 

of, by 31 

option of legal representatives of, to complete entry 31 

perfect good faith of, must be shown by 34 

qualifications of 30-32 

final certificate, form of 144 

receipt, form of 144 

law, failure to comply with, renders entry liable to contest 33 

land not prepared to produce growth of trees, a non-compliance with. 33 

object of, to promote cultivation of timber 33 

proof, testimony of claimant, form of 141 

witness, form of 1 42 

receiver's final i-eceipt, form of 140 

receipt, form of 144 

rights once exhausted can not be restored by Commissioner 32 



165 

Page. 

Timber entry, bona fide3 of, teatea oy close oral examination of affiants in 40 

adverse claim or protest against, filed before final certificate, hearing to bo 

ordered in 41 

no entry until after -written determination 

of hearingin 41 

applicants and claimants and witnesses, making final proof in, actual resi- 
dence and post-office address of 41 

of, county and State not sufficient in stating resi- 

denceof 41 

town and city in stating residence must be 

given 41 

association of persons making application for, proof of qualifications re- 
quired of each 41 

contest, protest, and applications, after issne of certificate, submission of, etc 41 
joint association for, sworn statement of one member of, as to character of 

land 41 

forms prescribed in cases of . 41 

no person having made aa individual entry can unite in an association 

for 41 

uniting in, can make an individual entry 41 

persons making, must unite in regular application for 41 

names of persons associated in making, must each appear in sworn state- 
ment, etc 41 

payments in, must be made at time of offering proof 40 

plats or tract books, no note of, on, until issue of receiver's receipt 41 

proof, certificate, and receipt in, must bear even date 41 

in, entire, must be taken at one and the same time ■ 40 

protest and contest cases, report of final action in all ' 41 

register's certificate in, handed directly to the receiver by the register 41 

not to be given to claimant or his attorney 40, 41 

regulations governing, strict compliance with, required . 41 

trespass condoned, purchase by homestead claimants, reduction of price, act of June 

15,1880 101,102 

trespasser, cash purchase by, privilege of 4 

Title, acquisition of 3 

agricultural scrip locations ., 7 

aliens and corporations, limitations on purchases by 5 

cash purchase by timber trespassers 4 

minimum and double minimum '. * 4 

mode of proceeding in making cash purchases 4 

pre-emption, proceedings to acquire, to lands 8 

private entry or location 4 

purchase at public sale 3 

warrant locations 5 

Townsites, timber culture entries can not be made for lands within 33 

(See entries.) 

U. 

United States land offices, list of. 123 

W. 

"Warrant locations , 5-7 



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